February 21, 2009, New York, NY, -- Yesterday, in a response to a deadline set by U.S. District Court Judge John D.
Bates, the Obama Justice Department stated that it would not deviate
from the Bush administration's position that the detainees held in the
prison at the U.S. Air Base in Bagram, Afghanistan, have no right to
challenge the legality of their detention before a federal judge in a
U.S. court.
The International Justice Network, in partnership with Stanford Law
School and Yale Law School, is counsel in all four Bagram detainee
cases. IJNetwork has issued the following statement in response to the
Obama administration's decision:
Yesterday's announcement, that the Obama administration has not even
considered departing from the very same unjust and inhumane policies of
his predecessor, is an ominous sign that human rights and the rule of
law are simply not a priority of this administration. We expected more
from this President when he promised that we would not trade our
fundamental values for false promises of security. Unless there is a
serious reconsideration of this issue at the highest levels of the
Obama government, America will not be able to put this dark chapter of
our history behind us.
Background:
Four separate challenges were filed on behalf of four Bagram detainees. On
January 7, 2009, the US. District Court held a hearing to consider the
government's motion to dismiss the detainees cases for lack of
jurisdiction. Shortly thereafter, on January 22, 2009, the Court issued
an order in response to one of President Obama's first Executive Orders
indicating significant changes to the government's approach to such detentions. The Court
provided the new administration with an opportunity to provide input
regarding the definition of Enemy combatant for use in the Guantanamo
Bay detainee habeas cases. Today, the government responded to that
inquiry by stating that it adheres to its previously articulated
position with respect to whether the Court has jurisdiction over habeas
petitions filed by detainees held at the United States military base in
Bagram. Based on the Government's response to his order, Judge Bates
will rule in the coming weeks on whether the D.C. District Court has
jurisdiction to hear the cases.
The cases are:
FADI AL MAQALAH, et al.,
Petitioners,
v.
ROBERT GATES, et al.,
Respondents.
Civil Action No. 06-1669
HAJI WAZIR, et al.,
Petitioners,
v.
ROBERT GATES, et al.,
Respondents.
Civil Action No. 06-1697
AMIN AL BAKRI, et al.,
Petitioners,
v.
BARACK H. OBAMA, et al.,1
Respondents.
Civil Action No. 08-1307
REDHA AL-NAJAR, et al.,
Petitioners,
v.
ROBERT GATES, et al.,
Respondents.
Civil Action No. 08-2143
Press Release : IJNetwork Responds to Obama Administration's Decision
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