Military Commissions and Aggregate Article 6 Processing (Summer 2012)
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In the Supreme Court of the United States
No. ________ In the Supreme Court of the United States KHALED A. F. AL ODAH, ET AL., PETITIONERS, v. UNITED STATES OF AMERICA, ET AL., RESPONDENTS. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT PETITION FOR WRIT OF CERTIORARI DAVID J. CYNAMON THOMAS B. WILNER MATTHEW J. MACLEAN COUNSEL OF RECORD OSMAN HANDOO NEIL H. KOSLOWE PILLSBURY WINTHROP AMANDA E. SHAFER SHAW PITTMAN LLP SHERI L. SHEPHERD 2300 N Street, N.W. SHEARMAN & STERLING LLP Washington, DC 20037 801 Pennsylvania Ave., N.W. 202-663-8000 Washington, DC 20004 202-508-8000 GITANJALI GUTIERREZ J. WELLS DIXON GEORGE BRENT MICKUM IV SHAYANA KADIDAL SPRIGGS & HOLLINGSWORTH CENTER FOR 1350 “I” Street N.W. CONSTITUTIONAL RIGHTS Washington, DC 20005 666 Broadway, 7th Floor 202-898-5800 New York, NY 10012 212-614-6438 Counsel for Petitioners Additional Counsel Listed on Inside Cover JOSEPH MARGULIES JOHN J. GIBBONS MACARTHUR JUSTICE CENTER LAWRENCE S. LUSTBERG NORTHWESTERN UNIVERSITY GIBBONS P.C. LAW SCHOOL One Gateway Center 357 East Chicago Avenue Newark, NJ 07102 Chicago, IL 60611 973-596-4500 312-503-0890 MARK S. SULLIVAN BAHER AZMY CHRISTOPHER G. KARAGHEUZOFF SETON HALL LAW SCHOOL JOSHUA COLANGELO-BRYAN CENTER FOR SOCIAL JUSTICE DORSEY & WHITNEY LLP 833 McCarter Highway 250 Park Avenue Newark, NJ 07102 New York, NY 10177 973-642-8700 212-415-9200 DAVID H. REMES MARC D. FALKOFF COVINGTON & BURLING COLLEGE OF LAW 1201 Pennsylvania Ave., N.W. NORTHERN ILLINOIS Washington, DC 20004 UNIVERSITY 202-662-5212 DeKalb, IL 60115 815-753-0660 PAMELA CHEPIGA SCOTT SULLIVAN ANDREW MATHESON DEREK JINKS KAREN LEE UNIVERSITY OF TEXAS SARAH HAVENS SCHOOL OF LAW ALLEN & OVERY LLP RULE OF LAW IN WARTIME 1221 Avenue of the Americas PROGRAM New York, NY 10020 727 E. -
Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence -
1. (SI/NF) Personalinformation: Placeofbirth: Kasala, Sudan (SU
SECRET NOFORN 20301011 DEPARTMENT OF DEFENSE JOINT TASK FORCE GUANTANAMO GUANTANAMO BAY, CUBA APO AE 09360 JTF GTMO- CG 11 October2005 MEMORANDUMFORCommander United States SouthernCommand, 3511NW Avenue, Miami, FL 33172. SUBJECT : Recommendation for Continued Detention Under Control (CD) for Guantanamo Detainee, ISN: ( S) JTF GTMO DetaineeAssessment 1. ( SI/ NF) Personal Information: JDIMS ReferenceName: Zamir Muhammed Aliases and Current / True Name: Muhammed Noor Uthman, Akrima, Abu AlHareth , Farouq AlKamari Place of Birth: Kasala, Sudan (SU ) Dateof Birth: 1 January 1962 Citizenship: Sudanese 29.04 2005 InternmentSerial Number(ISN) 00000707DP 2. (FOUO) Health: Detaineeis in good health. He has refused treatment for latent TB, but has no significant medical issues. Detaineedoes suffer from seasonal allergic rhinitis, but it is easily controlled by medications. He has no known drug allergies. 3. SI/NF ) JTF GTMO Assessment: a . (S ) Recommendation : JTF GTMO recommends this detainee for Continued Detention Under Control (CD) . b . ( SI Summary: JTF GTMO previously assessed detainee as Retain in Control ( ) on 27 August 2004. CLASSIFIED BY: MULTIPLE SOURCES REASON : 12958 SECTION 1.5(C ) DECLASSIFY ON : 20301011 SECRETI 20301011 SECRET // 20301011 JTF GTMO -CG SUBJECT : Recommendation for Continued Detention Under Control ( CD) for Guantanamo Detainee , ISN: 000707DP (S) Detainee is assessed as a probable member ofAl-Qaida. Senior Al-Qaida members identified detainee as a senior trainer at the Khaldan training camp near Khowst, Afghanistan (AF) . Detainee trained hundreds of jihadists including high-level Al-Qaida terrorists. Detainee worked under senior Al- Qaida lieutenant, Abu Zubaydah, who directed Khaldan camp. He admitted being Khaldan Camp facilitator Ibn Sheikh Al assistant. Detainee was a primary weapons trainer and supply officer for the camp. -
Forensic Mental Health Evaluations in the Guantánamo Military Commissions System: an Analysis of All Detainee Cases from Inception to 2018 T ⁎ Neil Krishan Aggarwal
International Journal of Law and Psychiatry 64 (2019) 34–39 Contents lists available at ScienceDirect International Journal of Law and Psychiatry journal homepage: www.elsevier.com/locate/ijlawpsy Forensic mental health evaluations in the Guantánamo military commissions system: An analysis of all detainee cases from inception to 2018 T ⁎ Neil Krishan Aggarwal Clinical Psychiatry, Department of Psychiatry, Columbia University Medical Center, Committee on Global Thought, Columbia University, New York State Psychiatric Institute, United States ABSTRACT Even though the Bush Administration opened the Guantánamo Bay detention facility in 2002 in response to the September 11, 2001 attacks in the United States, little remains known about how forensic mental health evaluations relate to the process of detainees who are charged before military commissions. This article discusses the laws governing Guantánamo's military commissions system and mental health evaluations. Notably, the US government initially treated detaineesas“unlawful enemy combatants” who were not protected under the US Constitution and the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment, allowing for the use of “enhanced interrogation techniques.” In subsequent legal documents, however, the US government has excluded evidence obtained through torture, as defined by the US Constitution and the United Nations Convention Against Torture. Using open-source document analysis, this article describes the reasons and outcomes of all forensic mental health evaluations from Guantánamo's opening to 2018. Only thirty of 779 detainees (~3.85%) have ever had charges referred against them to the military commissions, and only nine detainees (~1.16%) have ever received forensic mental health evaluations pertaining to their case. -
SALIM AHMED HAMDAN, Petitioner, V. UNITED STATES of AMERICA
USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 1 of 65 [Oral Argument Scheduled for May 3, 2012] No. 11-1257 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA SALIM AHMED HAMDAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. Appeal From The Court Of Military Commission Review (Case No. CMCR-09-0002) REPLY BRIEF OF PETITIONER SALIM AHMED HAMDAN Adam Thurschwell Harry H. Schneider, Jr. Jahn Olson, USMC Joseph M. McMillan OFFICE OF THE CHIEF DEFENSE Charles C. Sipos COUNSEL MILITARY COMMISSIONS Rebecca S. Engrav 1099 14th Street NW Angela R. Martinez Box 37 (Ste. 2000E) Abha Khanna Washington, D.C. 20006 PERKINS COIE LLP Telephone: 202.588.0437 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Attorneys for Petitioner-Appellant Telephone: 206.359.8000 SALIM AHMED HAMDAN Attorneys for Petitioner-Appellant SALIM AHMED HAMDAN USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 2 of 65 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES The Certificate as to Parties, Rulings, and Related Cases is set forth in Petitioner-Appellant Salim Ahmed Hamdan’s Principal Brief filed on November 15, 2011, and is hereby incorporated by reference. DATED: March 8, 2012 By: /s/ Charles C. Sipos One of the attorneys for Salim Ahmed Hamdan -i- USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 3 of 65 TABLE OF CONTENTS Page CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES.........................................................................................................i TABLE OF AUTHORITIES..................................................................... iv GLOSSARY OF TERMS .......................................................................... xi SUMMARY OF ARGUMENT ................................................................... 1 ARGUMENT.............................................................................................. 3 I. MST Is Not Triable by Military Commission ....................... -
Unclassified//For Public Release Unclassified//For Public Release
UNCLASSIFIED//FOR PUBLIC RELEASE --SESR-Efll-N0F0RN- Final Dispositions as of January 22, 2010 Guantanamo Review Dispositions Country ISN Name Decision of Origin AF 4 Abdul Haq Wasiq Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 6 Mullah Norullah Noori Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 7 Mullah Mohammed Fazl Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 560 Haji Wali Muhammed Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war, subject to further review by the Principals prior to the detainee's transfer to a detention facility in the United States. AF 579 Khairullah Said Wali Khairkhwa Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 753 Abdul Sahir Referred for prosecution. AF 762 Obaidullah Referred for prosecution. AF 782 Awai Gui Continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war. AF 832 Mohammad Nabi Omari Continued detention pursuant to the Authorization for Use of Military Force (2001 ), as informed by principles of the laws of war. AF 850 Mohammed Hashim Transfer to a country outside the United States that will implement appropriate security measures. AF 899 Shawali Khan Transfer to • subject to appropriate security measures. -
Trying Terrorists Brian S
William Mitchell Law Review Volume 34 Article 6 Issue 5 Journal of the National Security Forum 2008 Trying Terrorists Brian S. Carter-Stiglitz Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Part of the Military, War, and Peace Commons, and the National Security Law Commons Recommended Citation Carter-Stiglitz, Brian S. (2008) "Trying Terrorists," William Mitchell Law Review: Vol. 34: Iss. 5, Article 6. Available at: http://open.mitchellhamline.edu/wmlr/vol34/iss5/6 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Carter-Stiglitz: Trying Terrorists TRYING TERRORISTS Brian S. Carter-Stiglitz Trying terrorists in Article III courts presents a host of complications and problems. As terrorism cases come before civilian courts, prosecutors have had to wrestle with these challenges. The most significant challenge may be the tension between protecting national-security secrets and prosecuting those who threaten national security in open court. The Classified Information Procedures Act (CIPA) is the main litigation tool for dealing with these challenges. Two cases, both with Minnesota roots, demonstrate the challenges that face civil prosecution in terrorism cases. Mohammed Abdullah Warsame, a largely unknown name, is being tried in the District of Minnesota on material support charges. Michael Ward, a former assistant U.S. Attorney (AUSA) for the District of Minnesota, initially led Warsame's prosecution.' The complications caused by CIPA have already prolonged Warsame's prosecution for four years-with no end currently in sight. -
The Oath a Film by Laura Poitras
The Oath A film by Laura Poitras POV www.pbs.org/pov DISCUSSION GUIDe The Oath POV Letter frOm the fiLmmakers New YorK , 2010 I was first interested in making a film about Guantanamo in 2003, when I was also beginning a film about the war in Iraq. I never imagined Guantanamo would still be open when I finished that film, but sadly it was — and still is today. originally, my idea for the Oath was to make a film about some - one released from Guantanamo and returning home. In May 2007, I traveled to Yemen looking to find that story and that’s when I met Abu Jandal, osama bin Laden’s former bodyguard, driving a taxicab in Sana’a, the capital of Yemen. I wasn’t look - ing to make a film about Al-Qaeda, but that changed when I met Abu Jandal. Themes of betrayal, guilt, loyalty, family and absence are not typically things that come to mind when we imagine a film about Al-Qaeda and Guantanamo. Despite the dangers of telling this story, it compelled me. Born in Saudi Arabia of Yemeni parents, Abu Jandal left home in 1993 to fight jihad in Bosnia. In 1996 he recruited Salim Ham - dan to join him for jihad in Tajikistan. while traveling through Laura Poitras, filmmaker of the Oath . Afghanistan, they were recruited by osama bin Laden. Abu Jan - Photo by Khalid Al Mahdi dal became bin Laden's personal bodyguard and “emir of Hos - pitality.” Salim Hamdan became bin Laden’s driver. Abu Jandal ends up driving a taxi and Hamdan ends up at Guantanamo. -
David Hicks, Mamdouh Habib and the Limits of Australian Citizenship
9/17/2015 b o r d e r l a n d s ejournal limits of australian citizenship vol 2 no 3 contents VOLUME 2 NUMBER 3, 2003 David Hicks, Mamdouh Habib and the limits of Australian Citizenship Binoy Kampmark University of Queensland I will continue to take an interest in the wellbeing of Mr Hicks as an Australian citizen to ensure that he is being treated humanely. Alexander Downer, Answer to Question on notice, 18 March 2003. 1. Citizenship is delivered in a brown paper bag at Australian ceremonies. You apply beforehand, and, if lucky, you are asked to attend a ceremony, where you are invited to take an oath (whether to God or otherwise), and witness the spectacle of having citizenship thrust upon you. ‘There has never been a better time to become an Australian citizen’ is marked on the package, which is signed by the Immigration Minister. Brown bags signify this entire process: we await the displays, the cameo aboriginal troupe intent on welcoming the naturalised citizen with a fire ceremony that misfires (or never fires), a lady with a speech impediment who deputises for the minister for Citizenship, and the various tiers of government expounding the virtues of civic responsibility. In short, the entire ceremony is a generous selfmocking; it is citizenship as comedy, a display of cultural symbols that are easily interchanged and shifted. The mocking of citizenship lies at the centre of Australia’s discourse on what it means to be an Australian citizen. It is parodic; it does not take itself seriously, which, some might argue, is its great strength. -
Yearbook of International Humanitarian Law — Volume 18, 2015 Correspondents’ Reports
YEARBOOK OF INTERNATIONAL HUMANITARIAN LAW — VOLUME 18, 2015 CORRESPONDENTS’ REPORTS 1 UNITED STATES OF AMERICA Contents Overview – United States Enforcement of International Humanitarian Law ............................ 1 Cases – United States Federal Court .......................................................................................... 3 Cases – United States Military Courts – Court of Appeals for the Armed Forces (CAAF) ...... 4 Cases — United States Military Courts – United States Army ................................................. 4 Cases — United States Military Courts – United States Marine Corps .................................... 5 Issues — United States Department of Defense ........................................................................ 6 Issues — United States Army .................................................................................................... 8 Issues —United States Navy .................................................................................................... 11 Issues — United States Marine Corps ..................................................................................... 12 Overview – United States Detention Practice .......................................................................... 12 Detainee Challenges – United States District Court ................................................................ 13 US Military Commission Appeals ........................................................................................... 16 Court of Appeals for the -
The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues
The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues (name redacted) Legislative Attorney August 4, 2014 Congressional Research Service 7-.... www.crs.gov R41163 The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues Summary On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November 2004 against four persons declared eligible for trial, but the Supreme Court in Hamdan v. Rumsfeld invalidated the military commissions as improper under the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. Military commissions proceedings were reinstated and resulted in three convictions under the Bush Administration. Upon taking office in 2009, President Obama temporarily halted military commissions to review their procedures as well as the detention program at Guantánamo Bay in general, pledging to close the prison facilities there by January 2010, a deadline that passed unmet. One case was moved to a federal district court. In May 2009, the Obama Administration announced that it was considering restarting the military commission system with some changes to the procedural rules. Congress enacted the Military Commissions Act of 2009 (MCA 2009) as part of the Department of Defense Authorization Act (NDAA) for FY2010, P.L. 111-84, to provide some reforms the Administration supported and to make other amendments to the Military Commissions Act, as described in this report. -
9/11 Report”), July 2, 2004, Pp
Final FM.1pp 7/17/04 5:25 PM Page i THE 9/11 COMMISSION REPORT Final FM.1pp 7/17/04 5:25 PM Page v CONTENTS List of Illustrations and Tables ix Member List xi Staff List xiii–xiv Preface xv 1. “WE HAVE SOME PLANES” 1 1.1 Inside the Four Flights 1 1.2 Improvising a Homeland Defense 14 1.3 National Crisis Management 35 2. THE FOUNDATION OF THE NEW TERRORISM 47 2.1 A Declaration of War 47 2.2 Bin Ladin’s Appeal in the Islamic World 48 2.3 The Rise of Bin Ladin and al Qaeda (1988–1992) 55 2.4 Building an Organization, Declaring War on the United States (1992–1996) 59 2.5 Al Qaeda’s Renewal in Afghanistan (1996–1998) 63 3. COUNTERTERRORISM EVOLVES 71 3.1 From the Old Terrorism to the New: The First World Trade Center Bombing 71 3.2 Adaptation—and Nonadaptation— ...in the Law Enforcement Community 73 3.3 . and in the Federal Aviation Administration 82 3.4 . and in the Intelligence Community 86 v Final FM.1pp 7/17/04 5:25 PM Page vi 3.5 . and in the State Department and the Defense Department 93 3.6 . and in the White House 98 3.7 . and in the Congress 102 4. RESPONSES TO AL QAEDA’S INITIAL ASSAULTS 108 4.1 Before the Bombings in Kenya and Tanzania 108 4.2 Crisis:August 1998 115 4.3 Diplomacy 121 4.4 Covert Action 126 4.5 Searching for Fresh Options 134 5.