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: JURIST - The Paper ChaseFederal judge orders release of Guantanamo detainee for lack of evidence
By Sarah Miley
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The DC district court ruling was the first decision to use the standard set forth last month by the US Court of Appeals for the District of Columbia Circuit in Bensaya v. Obama [opinion, PDF], which requires the government to show a preponderance of evidence that an enemy combatant is "part of" a terrorist group [JURIST report]. The circuit court held that the government's authority under the 2001 Authorization for Use of Military Force (AUMF) [text, PDF] only extends to the detention of individuals who are "functionally part of" a terrorist organization. Bensayah was the only one of the six petitioners from the 2008 Boumediene v. Bush [opinion, PDF; JURIST report] decision who was not granted habeas relief after the Supreme Court remanded the case for further review of evidence. Under Boumediene, federal courts have jurisdiction to review habeas corpus petitions filed by Guantanamo detainees who have been classified as "enemy combatants." In May, the DC Circuit ruled in Al Maqaleh v. Gates that Boumediene was narrowly tailored to detainees being held at Guantanamo and that detainees held at Bagram Air Force Base [official website; JURIST news archive] in Afghanistan cannot bring habeas corpus challenges in US courts.
Full post as published by JURIST - The Paper Chase on August 17, 2010 (boomark / email).
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