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: JURIST - The Paper Chase

Federal judge grants habeas petition of Yemeni Guantanamo detainee

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

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[JURIST] A judge for the US District Court for the District of Columbia  on Wednesday granted a habeas corpus petition filed by Yemeni Guantanamo Bay  detainee Yasin Muhammed Basardh, ordering his release from the prison. His detention came under exclusive review of the court after a panel for the US Court of Appeals for the DC Circuit suspended its consideration of his case in light of the 2008 Supreme Court decision in Boumediene v. Bush, which it said gave the District Court sole jurisdiction over the matter. Justifications for Basardh's release were kept classified. The US government was ordered "to take all necessary and appropriate diplomatic steps to facilitate the release of petitioner Basardh forthwith." The order comes after a Tuesday stay of proceedings  against fellow Yemeni detainee Ayman Saeed Batarfi and 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 repatriation 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 April 01, 2009 (boomark / email).

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