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By Nedra Pickler June 29, 2009 WASHINGTON – A federal judge who issued a groundbreaking order allowing military detainees in Afghanistan to go to U.S. civilian courts to challenge their confinement said Monday that the right doesn't apply to an Afghan prisoner. U.S. District Judge John Bates' ruling means the United States can continue to detain Haji Wazir indefinitely at Bagram Air Field in Afghanistan. Court documents say he has been in U.S. custody since he was captured in the United Arab Emirates in 2002. In April, Bates had allowed three foreign detainees at Bagram who had been captured outside the country to challenge their detention in his court to prevent the U.S. from being able to "move detainees physically beyond the reach of the Constitution and detain them indefinitely." The government has appealed the Bates' decision. It was the first time a judge had extended rights given to terrorism suspects held at the U.S. detention facility at Guantanamo Bay, Cuba, to detainees held elsewhere in the world. Full story (link)
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By Ian Pannell
June 24, 2009
Allegations of abuse and neglect at a US detention facility in Afghanistan have been uncovered by the BBC...
The inmates at Bagram are being kept in "a legal black-hole, without access to lawyers or courts", according to Tina Foster, executive director of the International Justice Network, a legal support group representing four detainees.
She is pursuing legal action that, if successful, would grant detainees at Bagram the same rights as those still being held at Guantanamo Bay.
But the Obama administration is trying to block the move.
Last year, the US Supreme Court ruled that detainees at Guantanamo should be given legal rights.
Full story and video (link) |
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By Andrew Morgan
June 3, 2009
A federal court on Monday stayed habeas corpus challenges brought by three detainees held at Bagram Air Base pending appeal. Judge John Bates of the US District Court for the District of Columbia granted a motion [text, PDF ; JURIST report] filed in April by the government asking that he certify and suspend his earlier ruling, which allowed the challenges to proceed. The certification allows the Department of Justice (DOJ) to seek interlocutory appeal from the US Court of Appeals for the DC Circuit, giving them the opportunity to decide whether the detainees, Fadi Al Maqaleh, Amin Al Bakri, and Redha Al Najar, may invoke the Constitution's Suspension Clause...
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By Daphne Eviatar
June 3, 2009
On Monday, U.S. District Court Judge John Bates allowed the Obama administration to immediately appeal the cases of three detainees at the Bagram prison in Afghanistan to the U.S. Court of Appeals for the District of Columbia. Bates had ruled in April that the three detainees — all captured outside of Afghanistan and sent to the U.S.-run prison, where they’ve been imprisoned without charge or trial for seven years — had a right to challenge their detention through habeas corpus proceedings in a U.S. court. Bates found that their situation was substantially similar to that of the detainees at Guantanamo Bay...
Full story (link)
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Judge’s ruling is forcing president to confront issue of Afghan prison
By Tom Curry, National affairs writer, msnbc.com
June 3, 2009
Should detainees the United States has shipped to the Bagram air base in Afghanistan have the same constitutional right to challenge their detention in court that prisoners at the Guantanamo prison in Cuba have been given?
President Barack Obama didn't answer that question in a May 21 speech outlining his policy for dealing with alleged terrorists. In fact, Obama didn't mention Bagram at all.
Yet human rights lawyers say Bagram will play a critical role in shaping the Obama administration’s detainee policy.
Obama has promised to close the Guantanamo prison by Jan. 22 of next year, but the Bagram prison continues to house alleged terrorists captured by the United States in Pakistan and other nations.
As a candidate for president, Obama praised a Supreme Court ruling last June that granted prisoners at Guantanamo habeas corpus rights to challenge their detention. He applauded Justice Anthony Kennedy’s decision in Boumediene v. Bush as “a rejection of the Bush administration's attempt to create a legal black hole at Guantanamo.”...
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