Al Halmandy v. Bush | |
---|---|
Court | United States District Court for the District of Columbia |
Full case name | Abd Al Rahman Abdullah Al Halmandy, et al. v. George W. Bush, et al. |
Docket nos. | 1:05-cv-02385 |
Case history | |
Related actions | Boumediene v. Bush, 553 U.S. 723 (2008) |
Court membership | |
Judge sitting | Thomas F. Hogan |
Al Halmandy v. Bush, No. 1:05-cv-02385, is a writ of habeas corpus filed on behalf of 63 Guantanamo detainees, on December 13, 2005. [1] It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.
The writ was filed shortly before the passage of the Detainee Treatment Act of 2005, which contained provisions to close off captives' ability to initiate new habeas petitions.
On June 10, 2006, the Department of Defense reported that three captives died in custody. The Department of Defense stated the three men committed suicide. Camp authorities called the deaths "an act of asymmetric warfare", and suspected plans had been coordinated by the captive's attorneys—so they seized all the captives' documents, including the captives' copies of their habeas documents. [2] Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures. When the Department of Defense reported to the Justice Department the names of the captives whose privileged documents they seized, they were unable to name half of the captives in this petition.
The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the U.S. civil justice system, so all outstanding habeas corpus petitions were stayed. [3]
On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the U.S. Federal Court system, and all previous Guantanamo captives' habeas petitions were eligible to be re-instated. [4]
On July 18, 2008 Shayana D. Kadidal of the Center for Constitutional Rights filed a status report on Al Halmandy v. Bush No. 05-CV-2385 (RMU) on behalf of seven Guantanamo captives [1] Kadidal wrote that of the 63 captives initially listed in the petition, all but those seven had either been repatriated, or were named in other petitions.
On July 29, 2008 U.S. District Court Judge Thomas F. Hogan ordered that all the other petitioners would be dismissed from the petition, except for: [5]
ISN | name | Kadidal's notes | |
---|---|---|---|
78 | Saleh |
| |
510 | Riad Nargeri |
| |
570 | Sabry Mohammed |
| |
574 | Hamound Abdullah Hamoud Hassan Al Wady |
| |
743 | Muhammed Saad Iqbal Madni |
| |
900 | Saki Bacha |
| |
1045 | Mohammed Kameen |
|
isn | name | notes |
---|---|---|
118 | Abd Al Rahman Abdullah Al Halmandy | |
367 | Inshanullah |
|
783 | Shamsullah |
|
005 | Abul Aziz Al Matrafi |
|
044 | Mohamed Rajab |
|
046 | Saif |
|
051 | Majed Baryan |
|
062 | Saud Al Jouhany |
|
088 | Waqas Mohammed Ali Awad |
|
118 | Abd Al Rahman Abdullah Al Halmandy |
|
174 | Hisham |
|
196 | Moussa |
|
215 | Sultan Al Shareef |
|
326 | Abu Rawdah |
|
367 | Inshanullah |
|
502 | Adel |
|
627 | Dr. Ayman |
|
678 | Fawaz (Guantanamo captive 678) |
|
704 | Abdu Tawab |
|
707 | Muhammad Nur Uthman Muhammad |
|
717 | Abdul Al Hamman |
|
721 | Abdulla (Guantanamo captive 721) |
|
743 | Muhammed Saad Iqbal Madni |
|
743 | Said Madany |
|
783 | Shamsullah |
|
892 | Rafiove bin Bashir |
|
900 | Saki Bacha |
|
1017 | Zakaria |
|
1045 | Mohammed Kameen |
|
1457 | Abdo Ali Al Haj |
|
1463 | Abdulrahman |
|
Ibrahim Nayif Abdallah Ibrahim |
| |
Abu Baker Shammrany |
| |
Saleh Libi |
| |
Salah Deen Ibn Shaikh |
| |
Salih |
| |
Ridah |
| |
Abdullah |
| |
Sanjawez Raweel Kameel Weej |
| |
Abdal Rauf Zalitini |
| |
Ahamed |
| |
Abdullah ali Saleh |
| |
Othman Ali Muhammed Omar |
| |
Amar Biloushi |
| |
Mohammed Chinguity |
| |
Abdulrahman |
| |
Ali Kadami |
| |
Khalid Deshire |
| |
Abou Yassir Jezairi |
| |
Abdaul Razak Ali-Haj |
| |
Adnan |
| |
Abdullah Jaffa |
| |
Abu Hadifa |
| |
Mohammed Abdullah |
| |
Mohamed Fahad Saad Al Zu'bi |
| |
Abdul Aziz |
| |
Abdul Latif |
| |
Abdulla Haji |
| |
Bital Adel Halami |
| |
Saleh |
| |
Khalid Mohammed |
| |
Mahdi Salih |
| |
Masoud |
|
On September 2, 2008, Muhammed Saad Iqbal Madni's lawyers were informed he had been repatriated to Pakistani custody. [10] On September 5, 2008, the Department of Justice filed a motion to have his habeas petition dismissed as moot because he was no longer in U.S. custody. On September 19, 2008 Richard L. Cys, James P. Walsh filed "Petitioner Muhammed Saad Iqbal Madni's response to court order to show cause why his petition should not be dismissed as moot". Madni's lawyers argued his habeas petition should not be dismissed because he was entitled to continue to seek relief if his original detention was not legally justified. Further, his lawyer had not been advised of the conditions agreed upon by the U.S. Government and the Pakistani Government.
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Undersigned counsel have no knowledge regarding the terms and conditions of the agreement under which Mr Madni's physical custody was transferred to Pakistan. Respondents have not submitted any evidence to the court regarding the nature of Mr Madni's transfer or his current status in Pakistan. Accordingly, undersigned counsel does not know whether as part of his transfer the United States required that Mr Madni continue to be imprisoned, or after what period of time or under what conditions he might be released. Furthermore, undersigned counsel does not know whether Mr. Madni has at all times since his transfer remained imprisoned in Pakistan.