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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. -
Al-Bihani V. Obama (Mem
Case: 09-5051 Document: 1223587 Filed: 01/05/2010 Page: 1 United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 2, 2009 Decided January 5, 2010 No. 09-5051 GHALEB NASSAR AL-BIHANI, APPELLANT v. BARACK OBAMA, PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES Appeal from the United States District Court for the District of Columbia (No. 1:05-cv-01312-RJL) Shereen J. Charlick argued the cause for appellant. With her on the briefs were Reuben Camper Cahn, Steven F. Hubachek, and Ellis M. Johnston, III. Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ian Gershengorn, Deputy Assistant Attorney General, and Douglas N. Letter and Robert M. Loeb, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance. Case: 09-5051 Document: 1223587 Filed: 01/05/2010 Page: 2 2 Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge BROWN. Concurring opinion filed by Circuit Judge BROWN. Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge WILLIAMS. BROWN, Circuit Judge: Ghaleb Nassar Al-Bihani appeals the denial of his petition for a writ of habeas corpus and seeks reversal or remand. He claims his detention is unauthorized by statute and the procedures of his habeas proceeding were constitutionally infirm. We reject these claims and affirm the denial of his petition. I Al-Bihani, a Yemeni citizen, has been held at the U.S. naval base detention facility in Guantanamo Bay, Cuba since 2002. -
Al-Bihani V. Obama, 590 F.3D 866 (D.C
NO. IN THE SUPREME COURT OF THE UNITED STATES GHALEB NASSAR AL BIHANI, Petitioner, BARACK H. OBAMA, et al., Respondent. PETITION FOR A WRIT OF CERTIORARI TO THE UNITED .... STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA SHEREEN J. CHARLICK . ¯ STEVEN F. HUBACHEK ELLIS M. JOHNSTON, III Federal Defenders of San Diego, Inc. 225 Broadway, Suite 900 San Diego, California 92101 Telephone: (619) 234-8467 Counsel for Petitioner TABLE OF CONTENTS QUESTIONS PRESENTED FOR REVIEW ....................................prefix TABLE OF AUTHORITIES .................... ................................... i-ii OPINIONS .BELOW ........................................................... 1 JURISDICTION 2 CONSTITUTIONAL AND STATUTORY PROVISIONS .............................2 STATEMENT OF THE CASE - 2 A. District Court Proceedings ................. .................. ¯ .......2 B. Appellate Proceedings .............................................. 3 ARGUMENT 7 THE COURT SHOULD GRANT THE PETITION AND REAFFIRM THE TEACHING OF HAMDI AND BOUMEDIENE: THE DETENTION POWER GRANTED BY THE AUMF IS COEXTENSIVE WITH, AND LIMITED BY, THE DETENTION POWER RECOGNIZED UNDER THE LAW. OF WAR .................................7 A. Introduction ....’ ..................................... - ............. 7 B. The Court Should Reaffirm Hamdi and Boumediene: the Law of War Informs and Limits the AUMF’s Authorization of Detention AUthority ..................10 C. Section 5 of the 2006 MCA Does Not Preclude Application of Law of War Principles In Analyzing the Detention Authority -
The Current Detainee Population of Guantánamo: an Empirical Study
© Reuters/HO Old – Detainees at XRay Camp in Guantanamo. The Current Detainee Population of Guantánamo: An Empirical Study Benjamin Wittes and Zaahira Wyne with Erin Miller, Julia Pilcer, and Georgina Druce December 16, 2008 The Current Detainee Population of Guantánamo: An Empiricial Study Table of Contents Executive Summary 1 Introduction 3 The Public Record about Guantánamo 4 Demographic Overview 6 Government Allegations 9 Detainee Statements 13 Conclusion 22 Note on Sources and Methods 23 About the Authors 28 Endnotes 29 Appendix I: Detainees at Guantánamo 46 Appendix II: Detainees Not at Guantánamo 66 Appendix III: Sample Habeas Records 89 Sample 1 90 Sample 2 93 Sample 3 96 The Current Detainee Population of Guantánamo: An Empiricial Study EXECUTIVE SUMMARY he following report represents an effort both to document and to describe in as much detail as the public record will permit the current detainee population in American T military custody at the Guantánamo Bay Naval Station in Cuba. Since the military brought the first detainees to Guantánamo in January 2002, the Pentagon has consistently refused to comprehensively identify those it holds. While it has, at various times, released information about individuals who have been detained at Guantánamo, it has always maintained ambiguity about the population of the facility at any given moment, declining even to specify precisely the number of detainees held at the base. We have sought to identify the detainee population using a variety of records, mostly from habeas corpus litigation, and we have sorted the current population into subgroups using both the government’s allegations against detainees and detainee statements about their own affiliations and conduct. -
Returns from Guantanamo to Yemen WATCH
United States/Yemen HUMAN No Direction Home RIGHTS Returns from Guantanamo to Yemen WATCH No Direction Home Returns from Guantanamo to Yemen Copyright © 2009 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-466-4 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org March 2009 1-56432-466-4 No Direction Home Returns from Guantanamo to Yemen Summary ........................................................................................................................................... 1 Recommendations ............................................................................................................................ 6 To the Government of the United States ...................................................................................... 6 To the Government of Yemen ...................................................................................................... 6 To the League of Arab States, Member States of the European Union, and United Nations Specialized Programs ................................................................................................................. -
09-5051 Document: 1236118 Filed: 03/22/2010 Page: 1
Case: 09-5051 Document: 1236118 Filed: 03/22/2010 Page: 1 [ORAL ARGUMENT NOT YET SCHEDULED] CASE NO. 09-5051 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT GHALEB NASSAR AL-BIHANI, APPELLANT, v. BARACK OBAMA, PRESIDENT OF THE UNITED STATES, ET AL., APPELLEES. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BRIEF FOR NON-GOVERNMENTAL ORGANIZATIONS AND SCHOLARS AS AMICI CURIAE IN SUPPORT OF REHEARING OR REHEARING EN BANC OONA HATHAWAY WALTER DELLINGER YALE LAW SCHOOL JUSTIN FLORENCE 127 Wall Street MICAH W.J. SMITH New Haven, CT 06510 O’MELVENY & MYERS LLP (203) 436-8969 1625 Eye St. NW Washington, DC 20006 STEPHEN I. VLADECK (202) 383-5300 4801 Massachusetts Avenue, NW Washington, DC 20016 (202) 274-4241 Dated: March 22, 2010 Attorneys for Amici Curiae Case: 09-5051 Document: 1236118 Filed: 03/22/2010 Page: 2 Additional Counsel MARGERY F. BAKER DEBORAH LIU PEOPLE FOR THE AMERICAN WAY FOUNDATION 2000 M Street, NW Suite 4000 Washington, DC 20036 (202) 467-4999 DEVON CHAFFEE HUMAN RIGHTS FIRST 100 Maryland Avenue, NE Suite 500 Washington, DC 20010 (202) 370-3306 JOANNE MARINER HUMAN RIGHTS WATCH 350 Fifth Avenue, 34th Floor New York, NY 10118 (212) 290-4700 Case: 09-5051 Document: 1236118 Filed: 03/22/2010 Page: 3 RULE 26.1 DISCLOSURE STATEMENTS Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, amici curiae make the following disclosures: The Brennan Center for Justice at NYU School of Law certifies that it has not issued shares to the public, and has no parent company, subsidiary, or affiliate that has issued shares to the public. -
Detainees with Pending Habeas Corpus Petitions As of February 4, 2009* Approved for Transfer Or Subject to Charges Under ISN Case No
Case 1:08-cv-01101-JDB Document 77 Filed 02/04/09 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________ ) IN RE: ) Misc. No. 08-0442 (TFH) ) GUANTANAMO BAY ) Civil Action Nos. DETAINEE LITIGATION ) ) 02-cv-0828, 04-cv-1136, 04-cv-1164, 04-cv-1194, 04-cv-1254, ) 04-cv-1937, 04-cv-2022, 04-cv-2046, 04-cv-2215, 05-cv-0023, ) 05-cv-0247, 05-cv-0270, 05-cv-0280, 05-cv-0329, 05-cv-0359, ) 05-cv-0392, 05-cv-0492, 05-cv-0520, 05-cv-0526, 05-cv-0569, ) 05-cv-0634, 05-cv-0748, 05-cv-0763, 05-cv-0764, 05-cv-0877, ) 05-cv-0883, 05-cv-0889, 05-cv-0892, 05-cv-0993, 05-cv-0994, ) 05-cv-0998, 05-cv-0999, 05-cv-1048, 05-cv-1124, 05-cv-1189, ) 05-cv-1220, 05-cv-1244, 05-cv-1347, 05-cv-1353, 05-cv-1429, ) 05-cv-1457, 05-cv-1487, 05-cv-1490, 05-cv-1497, 05-cv-1504, ) 05-cv-1506, 05-cv-1555, 05-cv-1592, 05-cv-1601, 05-cv-1607, ) 05-cv-1623, 05-cv-1638, 05-cv-1645, 05-cv-1646, 05-cv-1678, ) 05-cv-1971, 05-cv-1983, 05-cv-2088, 05-cv-2104, 05-cv-2185, ) 05-cv-2186, 05-cv-2199, 05-cv-2249, 05-cv-2349, 05-cv-2367, ) 05-cv-2371, 05-cv-2378, 05-cv-2379, 05-cv-2380, 05-cv-2384, ) 05-cv-2385, 05-cv-2386, 05-cv-2387, 05-cv-2479, 06-cv-1668, ) 06-cv-1684, 06-cv-1690, 06-cv-1758, 06-cv-1761, 06-cv-1765, ) 06-cv-1766, 06-cv-1767, 07-cv-1710, 07-cv-2337, 07-cv-2338, ) 08-cv-0987, 08-cv-1101, 08-cv-1104, 08-cv-1153, 08-cv-1207, ) 08-cv-1221, 08-cv-1224, 08-cv-1228, 08-cv-1230, 08-cv-1232, ) 08-cv-1233, 08-cv-1235, 08-cv-1236, 08-cv-1237, 08-cv-1238, ) 08-cv-1360, 08-cv-1440, 08-cv-1733, 08-cv-1789, 08-cv-1805, ________________________) 08-cv-1828, 08-cv-1923, 08-cv-2019, 08-cv-2083 ERRATA – CORRECTIONS TO RESPONDENTS’ EXHIBITS TO THEIR JANUARY 21, 2009 FILING Respondents hereby submit errata with respect to three exhibits filed on January 21, 2009, containing detainee information. -
Ghaleb Nassir Awadh Al Bayhani, Ubaidah Al
SECRET // 20330401 DEPARTMENT OF DEFENSE STATES COMMAND HEADQUARTERS , JOINT TASK FORCE GUANTANAMO U.S. NAVAL STATION , GUANTANAMO BAY , CUBA APOAE09360 CUBA JTF- GTMO- CDR 1 April 2008 MEMORANDUMFORCommander, UnitedStates SouthernCommand, 3511NW 91st Avenue, Miami, FL 33172 SUBJECT: Recommendationfor ContinuedDetentionUnder Control(CD) for GuantanamoDetainee, ISN 000128DP(S) JTF - GTMO Detainee Assessment 1. (S//NF) Personal Information : JDIMS / NDRC Reference Name : Ghaleb Nasser Current / True Name and Aliases : Ghaleb Nassir Awadh al Bayhani, Ubaidah al- Tabuki, Yarmook , Ghaleb Sufi, Mansur Nasir Awadh al-Bayhani, Salem Tabouk Place of Birth: Tabuk , Saudi Arabia (SA ) Date of Birth : 1979 Citizenship : Yemen (YM ) Internment Serial Number (ISN) : -000128DP 2. (U//FOUO) Health: Detainee is on a list ofhigh-risk detainees from a health perspective. Detainee is in overall fair health. He has chronic stable medical conditions with a history of a gunshot wound (GSW) to right shoulder prior to detention. Detainee further has history of chronic mechanical neck and lower back pain, mild intermittent asthma, chronic migraine headaches, epididymitis ( treated with antibiotics), patellar femoral tendonitis (both knees), hematuria (with urology evaluation and normal cystoscopy in April 2003 ), hyperlipidemia (declined treatment), and Diabetes (mellitus type 2 ) complicated by mild neuropathy. 3. (U JTF-GTMOAssessment: a. (S) Recommendation : JTF-GTMO recommends this detainee for Continued Detention Under Control (CD) . JTF-GTMO previously recommended detainee for Continued Detention Under Control (CD) on 3 June 2007. CLASSIFIED BY : MULTIPLE SOURCES REASON : E.O. 12958, AS AMENDED , SECTION 1.4 ( C DECLASSIFY ON : 20330401 SECRET NOFORN 20330401 SECRET NOFORN 20330401 JTF - GTMO -CDR SUBJECT : Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee , ISN - 000128DP (S ) b . -
SALAH ALI ABDULLAH AHMED ) AL SALAMI, Et Al., ) Petitioners/Plaintiffs, ) ) V
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) SALAH ALI ABDULLAH AHMED ) AL SALAMI, et al., ) Petitioners/Plaintiffs, ) ) v. ) Civil Action No. 05-CV-2452 (PLF) ) ) GEORGE W. BUSH, et al., ) Respondents/Defendants. ) __________________________________________) EMERGENCY MOTION FOR PRESERVATION ORDER AND POINTS AND AUTHORITIES IN SUPPORT THEREOF Respondents allege that Petitioner Salah Ali Abdullah Al Salami (ISN #693) (“Al Salami”) is deceased as a result of an apparent suicide, but to date, Respondents have failed to provide counsel with a death certificate, an autopsy report, or any other official documentation of Al Salami’s death or the circumstances thereof. Counsel therefore persist in their habeas representation of Al Salami.1 In addition, counsel has been authorized to represent the family of Al Salami. See Declaration of Robert H. Knowles, attached hereto as Exhibit A. Al Salami and his father and Next Friend, Petitioner Ali Abdullah Al Salami (collectively, “Petitioners”) now respectfully request an Order compelling Respondents to (1) produce to the Court official documentation of Al Salami’s death; and (2) preserve and maintain 1 This is not the first time counsel has had to question Respondents’ unsupported allegations of Al Salami’s status. Respondents initially maintained that they were “unable to confirm the identity of petitioner Saleh Ali Abdullah Al Salami as a detainee at Guantánamo Bay,” and required counsel to produce evidence of Al Salami’s detention. See Dec. 30, 2005 E- mail from Preeya M. Noronha, attached hereto as Exhibit B. In response, counsel produced a letter Al Salami had written to his father from Camp Delta in 2003, along with other identifying information. -
Guantanamo Bay: National Security Versus Civil Liberties
Brigham Young University Prelaw Review Volume 30 Article 16 4-4-2016 Guantanamo Bay: National Security Versus Civil Liberties Michael W. Pond Follow this and additional works at: https://scholarsarchive.byu.edu/byuplr Part of the Law Commons BYU ScholarsArchive Citation Pond, Michael W. (2016) "Guantanamo Bay: National Security Versus Civil Liberties," Brigham Young University Prelaw Review: Vol. 30 , Article 16. Available at: https://scholarsarchive.byu.edu/byuplr/vol30/iss1/16 This Article is brought to you for free and open access by the Journals at BYU ScholarsArchive. It has been accepted for inclusion in Brigham Young University Prelaw Review by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. GUANTANAMO BAY: NATIONAL SECURITY VERSUS CIVIL LIBERTIES Michael W. Pond1 INTRODUCTION asser Talal al Zahrani was only sixteen years old when he was first captured and later transferred to the Guantanamo YBay detention camp, where he would spend the next four years until allegedly ending his own life on June 6, 2006. He was a citizen of Saudi Arabia, held in extrajudicial detention (or detention without trial) for an alleged connection with the Taliban. Just days before his death, he had written a letter to his father, Colonel Talal al-Zahrani, detailing two other prisoners who seemed to be on the verge of death. Ten days after receiving the letter, the Department of Defense announced the apparent suicide of Yasser Talal al Zahrani and two other prisoners: Salah Ali Abdullah Ahmed Al-Salami and Ali Abdullah Ahmed Naser al-Sullami. The bodies were returned to their families with trauma to the faces, necks, and chests of the bodies. -
The Right to Heal U.S
The Right to Heal U.S. Veterans and Iraqi Organizations Seek Accountability for Human Rights and Health Impacts of Decade of U.S.-led War Preliminary Report Submitted in Support of Request for Thematic Hearing Before the Inter-American Commission on Human Rights 149th Period of Sessions Supplemented and Amended Submitted by The Center for Constitutional Rights on behalf of Federation of Workers Councils and Unions in Iraq Iraq Veterans Against the War Organization of Women’s Freedom in Iraq Acknowledgments This report was prepared by Pam Spees, Rachel Lopez, and Maria LaHood, with the assistance of Ellyse Borghi, Yara Jalajel, Jessica Lee, Jeena Shah, Leah Todd and Aliya Hussain. We are grateful to Adele Carpenter and Drake Logan of the Civilian-Soldier Alliance who provided invaluable research and insights in addition to the testimonies of servicemembers at Fort Hood and to Sean Kennedy and Brant Forrest who also provided invaluable research assistance. Deborah Popowski and students working under her supervision at Harvard Law School’s International Human Rights Clinic contributed early research with regard to the framework of the request as well as on gender-based violence. Table of Contents Submitting Organizations List of Abbreviations and Acronyms I. Introduction: Why This Request? 1 Context & Overview of U.S.’s Decade of War and Its Lasting Harms to Civilians and Those Sent to Fight 2 U.S.’s Failure / Refusal to Respect, Protect, Fulfill Rights to Life, Health, Personal Security, Association, Equality, and Non-Discrimination 2 Civilian -
Macwilliams, Philip
AL-ZAHRANI v. DONALD RUMSFELD, et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) Talal AL-ZAHRANI ) ) and ) ) Ali Abdullah Ahmed AL-SALAMI ) In their individual capacities; ) ) and ) ) Talal AL-ZAHRANI, ) As the representative of the estate of ) Yasser AL-ZAHRANI; ) ) Civ. No. 1:09-cv-00028 (ESH) and ) ) Ali Abdullah Ahmed AL-SALAMI, ) As the representative of the estate of ) Salah Ali Abdullah Ahmed AL-SALAMI ) ) Plaintiffs, ) vs. ) ) Donald H. RUMSFELD et al. ) ) and ) ) UNITED STATES ) ) ) Defendants. ) ) THE UNITED STATES’ MOTION FOR SUBSTITUTION FOR CLAIMS I TO IV OF THE AMENDED COMPLAINT The United States moves this Court for an Order substituting the United States of America as defendant for the individually named defendants in Claims I to IV of the Amended Complaint. The individually named defendants for whom the United States seeks substitution include: Donald Rumsfeld; General Richard Myers; General Peter Pace; General James T. Hill; Dockets.Justia.com General Bantz Craddock; Major General Michael Lehnert; Major General Michael E. Dunlavey; Major General Geoffrey Miller; Brigadier General Jay Hood; Rear Admiral Harry B. Harris, Jr.; Colonel Terry Carrico; Colonel Adolph McQueen; Brigadier General Nelson J. Cannon; Colonel Mike Bumgarner; Colonel Wade Dennis; Esteban Rodriguez; Dr. William Winkenwerder, Jr.; Dr. David N. Tornberg; Vice Admiral (Ret.) Michael L. Cowan, M.D.; Vice Admiral Donald C. Arthur, M.D.; Captain John S. Edmondson, M.D.; Captain Ronald L. Sollock, M.D.; Rear Admiral Thomas K. Burkhard, M.D.; and Rear Admiral Thomas R. Cullison, M.D.. This matter is supported by the certification of Phyllis J.