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US stays proceedings against Yemeni Guantanamo detainee pending transfer

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A judge for the US District Court for the District of Columbia  granted a joint motion Monday for a stay of proceedings against Yemeni Guantanamo Bay detainee Ayman Saeed Batarfi, allowing for his eventual transfer. Batarfi, one of the longest held terror suspects at the military prison, had been detained without charges as an enemy combatant since his 2001 capture at the Battle of Tora Bora in Afghanistan. He had been detained for alleged association with al Qaeda forces during the battle, but his lawyers argued that he had been forced to administer medical treatment to al Qaeda forces. After a review of his case, the Department of Justice (DOJ) agreed that it did not have grounds to hold Batarfi, and joined in the motion to end proceedings against him. The US is currently searching for an appropriate destination country for Batarfi, and his release date has not been set. The announcement follows a call by Human Rights Watch (HRW) on Sunday for the US and Yemen to agree on a repatriation plan that provides "meaningful legal process" for the nearly 100 Yemeni detainees still at Guantanamo Bay. The repartiation plan dates back to July 2008, when Yemeni officials met with a visiting US delegation to discuss the possible transfer of Yemeni detainees held at Guantanamo Bay, with the US voicing concerns that they would be freed upon their return. The stay of proceedings against Batarfi follows a January executive order from US President Barack Obama directing the closure of the Guantanamo Bay detention facility within one year and a review and disposition of all individuals held at the facility.

Full post as published by JURIST - The Paper Chase on March 31, 2009 (boomark / email).