Please be aware that, in the last paragraph, this article erroneously states that Ms. Foster agrees with the government attorneys regarding the issue of jurisdiction.  It continues to be the IJN's position that the U.S. court system retains jurisdiction in these matters.   

Yemeni Detainee Can Continue His Case

Posted in the Yemen Observer, Front Page
Written By: Kawkab al-Thaibani
Article Date: Jul 24, 2007

A federal court in Washington, D.C. rejected the U.S. government’s request to dismiss the case of Fadi al-Maqaleh, who is being held in U.S. custody without charges or a trial at a U.S.-run prison in Afghanistan, said a lawyer with the International Justice Network, a human rights group working to assist people held unlawfully in U.S prisons around the world that provides support for local human rights efforts.  The IJ Network filed a habeas corpus petition to challenge the legality of Mr. Fadi al Maqelah’s detention in October 2006, immediately following Congress’ passage of the Military Commissions Act, said Tina Foster, the executive director of the IJ Network. 

LA Times: Detainee in Afghanistan wins ruling  (link to LA Times article)

A July 19, 2007 article by Henry Weinstein reported a federal court's decision not to dismiss IJN's Maqaleh case.

excerpt: [Attorney Tina M. Foster said she filed the case after meeting Maqaleh's father, Ahmad Al Maqaleh, while she was in Yemen doing research for detainees at Guantanamo. "A lot of families came to me saying there were worse problems at Bagram than at Guantanamo," Foster said, referring to the military base about 40 miles north of Kabul where about 650 detainees are being held."]

RELEASE (July 18, 2007): The International Justice Network Wins First Victory in U.S. Courts on Behalf of U.S. Detainees Held in Bagram, Afghanistan

Washington, D.C.  On Wednesday, July 18, a federal court in Washington, D.C. rejected the U.S. Government's request to dismiss the case of a Yemeni man being held in U.S. custody without charge or trial at a U.S.-run prison in Afghanistan.  

Human Rights First and Physicians for Human Rights recently released a landmark analysis entitled, Leave No Marks: 'Enhanced' Interrogation Techniques and the Risk of Criminality, whose findings conclude that US officials could face criminal charges if they authorized or engaged in “enhanced” interrogation techniques. These techniques had been suspended by the CIA in 2005 because of concerns around its legality, but by Executive Order President Bush claimed he would allow them to resume.

The Leave No Marks report calls on the executive branch to, among other things, prohibit the use of such techniques, and declassify all documents relating to their use. It further asks Congress to clarify the Military Commissions Act language, and establish a single standard for detainee treatment and interrogation practices.