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Federal judge denies habeas petition for Yemeni Guantanamo detainee: report

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

[JURIST] A judge in the US District Court for the District of Columbia issued a confidential ruling last week denying a habeas corpus petition by Guantanamo Bay detainee by Adham Mohammed Ali Awad, the Miami Herald reported Monday. Yemeni native Ali Awad was detained following a skirmish and standoff outside a hospital in Afghanistan in 2002 and has been held at Guantanamo ever since. There is no record that formal charges have been levied against Ali Awad, a situation that exemplifies many of the issues facing Guantanamo detainees. With Ali Awad's health reportedly failing, it is unclear whether the government will act quickly to bring a case against him. Since the US Supreme Court's June 2008 ruling in Boumediene v. Bush that Guantanamo detainees could challenge their imprisonment in federal court through the use of habeas corpus motions, several detainees have been granted release. Last month, Guantanamo detainee Mohammed Jawad was ordered released when a federal judge granted his habeas petition. Jawad's release came less than two weeks after the same judge ordered that all of Jawad's statements elicited by torture be suppressed. Jawad faced charges of attempted murder for a grenade attack on US soldiers in Kabul in 2002. Also last month, a federal judge ordered the release of Kuwaiti Guantanamo Bay detainee Khaled Al-Mutairi.

Full post as published by JURIST - The Paper Chase on August 18, 2009 (boomark / email).