Friday, August 22, 2008

First Detaineed Habeas Hearing set for October 6

A lot of things happening today. We have this from scotusblog:
U.S. District Judge Richard J. Leon, who is
working on what he calls a compressed timetable,
disclosed Thursday that he will hold the first
habeas hearings on a day that he said
seems only fitting the first Monday in October.
That, of course, is the same day the Supreme Court
returns to work after its
summer recess, some four months after its ruling in
Boumediene v. Bush giving the Guantanamo detainees a
constitutional right to pursue habeas challenges to
heir captivity.

The Boumediene case (it gets its name from
Lakhdar Boumediene, an Algerian, and includes five
others from that country, all of whom had been
living in Bosnia) is back in District Court,
before Judge Leon. Mostly by coincidence,
the judge said Thursday, that will be the case
that comes up first for a week of hearings
in October.

Click on the Title to read the full story...

CCR Victory at International Commission on Human RIghts

Inter-American Commission on Human Rights Moves to
Halt Torture at Guantanamo:
Orders Medical Treatment and End to Abusive
Interrogations for Detainee Djamel Ameziane

Commission Issues Urgent Precautionary Measures
in First Petition by Guantánamo Prisoner

August 21, 2008, New York - Late yesterday afternoon,
the Inter-American Commission on Human Rights (IACHR)
issued urgent precautionary measures to protect
Djamel Ameziane, an Algerian citizen held by the
United States at Guantanamo Bay for more than
six years. Mr. Ameziane has suffered various forms
of torture and abuse during his imprisonment,
including extended solitary confinement and a
form of waterboarding, and needs a third country
to offer him protection in order
to leave Guantanamo safely.
Mr. Ameziane is currently seeking resettlement i
in Canada, where he resided for five
years prior to his detention.

Click on the title to read the rest....

Rasul v. Myers Cert Petition

Today lawyers filed a petition for certiorari in 
Rasul v Myers
seeking a reversal of the decision
by the DC Circuit.
The petition raises three issues--

1) Whether Guantanamo detainees are "persons"
under the Religious Freedom Restoration Act?
(The D.C. Circuit found they were not).
2) Whether there is a constitutional right for
Guantanamo detainees not to be tortured
and was it clearly established at the time?
(No and no in the D.C. Circuit)
3) Whether torture can be within the scope of
employment of a government official?
(Yes, according to the DC Cir. and
it can be expected in the course of war on terror.

We should know by October 1st whether or not
the Supreme Courthas an interest in weighing
in on this.

Many thanks to the Project to Enforce the Geneva
for posting a link to the petition.