CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, July 19, 2007

Federal Judge Rules that Enemy Combatatns Have A Right to Seek Freedom

From A federal judge in Washington on Wednesday upheld the right of a Yemeni man held as an enemy combatant at a U.S. military prison in Afghanistan to seek his freedom.

The ruling is the first issued in a case filed on behalf of a foreign detainee held by the U.S. outside the country or the Guantanamo Bay Naval Station. It comes less than a month after the Supreme Court said it would again consider the rights of detainees at Guantanamo in the fall.

U.S. District Judge John D. Bates cited the high court's June action as a key reason for his decision.

Wednesday's ruling stems from a case filed in September on behalf of Fadi Al Maqaleh, who is being held at the military prison in Bagram, Afghanistan. The International Justice Network, a legal advocacy group, filed a habeas corpus petition seeking Maqaleh's release, alleging that he had been illegally taken into custody by the U.S. and held without charges for more than five years.

Bates, appointed to the court by President Bush, said it was possible that when the Supreme Court considered the rights of detainees in the fall, it "could issue a broader decision in favor of the detainees, one whose reasoning applies not just to Guantanamo, but to Bagram and other locations as well."

He also acknowledged that the high court could go the other way. Whatever the justices decide, the ruling is likely to affect the outcome of Maqaleh's case and thus it should not be dismissed before the Supreme Court weighs in, Bates said.

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.

She said Maqaleh's family told her that they had not seen their son in nearly five years and that they only learned that he was being held at Bagram when they got a letter from him, via the International Committee of the Red Cross, "in or about 2003."

Foster said she believed that Maqaleh, who is now about 25, had never been part of forces hostile to the United States.

She asked Judge Bates to issue a writ of habeas corpus compelling the government to either release Maqaleh or establish in court a legal basis for detaining him.

"Both military personnel and former detainees have described the prison conditions at Bagram to be far worse than those at Guantanamo," Foster said. Among other sources, she quoted a Defense Department official who had toured the facility and a report by Human Rights Watch, which said "the detention system in Afghanistan, unlike the system in Iraq, is not operated even nominally in compliance with the Geneva conventions."Rest of Article. . . [Mark Godsey]

Homeland Security | Permalink

TrackBack URL for this entry:

Listed below are links to weblogs that reference Federal Judge Rules that Enemy Combatatns Have A Right to Seek Freedom:


Post a comment