Saturday, May 14, 2016

From Roger Fitch and our Friends Down Under at Justinian....

Ah, the law's delay.
The Libyan Salem Gherebi, one of the first Guantánamo prisoners to file a habeas petition in the United States, has been freed and sent to Senegal.  
Gherebi's case had its roots in the "West Coast" habeasfiled in January 2002 (reported here), and in December 2003, he became the first Guantanamero to triumph in a US appeals court.  
In June 2004, in Rasul v Bush (David Hicks' case)the supreme court confirmed the right of Guantánamo prisoners to habeas hearings, with venue in DC.
The 9th circuit's decision was vacated, and Gherebi'shabeas was transferred to Washington, where it languished.
Fitch earlier noted the reaction of the 9th circuit court that heard Mr Gherebi's case: 
"Under the government's theory, it is free to imprison Gherebi indefinitely along with hundreds of other citizens of foreign countries, friendly nations among them, and to do with Gherebi and those detainees as it will, when it pleases, without any compliance with any rule of law of any kind, without permitting him to consult counsel, and without acknowledging any judicial forum in which its actions may be challenged.
Indeed, at oral argument, the government advised us that its position would be the same even if the claims were that it was engaging in acts of torture and that it was summarily executing the detainees (emphasis added).
To our knowledge, prior to the current detention of prisoners at Guantanamo, the US government has never asserted such a ... startling proposition ... a position so extreme that it raises the gravest concerns under both American and international law." 


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