Al Halmandy v. Bush
Encyclopedia
Al Halmandy v. Bush
is a writ of habeas corpus
filed on behalf of 63 Guantanamo detainees, on December 13, 2005.
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.
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.
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.
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
, that the Military Commissions Act
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
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
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 US District Court Judge Thomas F. Hogan ordered that all the other petitioners would be dismissed from the petition, except for:
Muhammed Saad Iqbal Madni's lawyers were informed he had been repatriated to Pakistani custody.
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 US 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 US Government and the Pakistani Government.
is a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
filed on behalf of 63 Guantanamo detainees, on December 13, 2005.
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.
Seizure of privileged lawyer-client documents
On June 10, 2006 the Department of DefenseUnited States Department of Defense
The United States Department of Defense is the U.S...
reported that three captives died in custody.
The Department of Defense stated the three men committed suicide
Guantanamo suicide attempts
On June 10, 2006 three prisoners held by the United States at the Guantanamo Bay detainment camps allegedly committed suicide. The United States Department of Defense stopped reporting Guantanamo suicide attempts in 2002....
.
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.
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.
Military Commissions Act
The Military Commissions Act of 2006Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
Boumediene v. Bush
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. BushBoumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
On July 18, 2008 Shayana D. Kadidal of the Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
filed a status report on Al Halmandy v. Bush No. 05-CV-2385 (RMU) on behalf of seven Guantanamo captives
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 US District Court Judge Thomas F. Hogan ordered that all the other petitioners would be dismissed from the petition, except for:
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 |
Guantanamo military commission The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :... :
|
Known original petitioners dismissed from the petition
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 Waqas Mohammed Ali Awad Adham Ali Awad is a citizen of Yemen currently held in the Guantanamo Bay detention camp in Cuba after being classified as an enemy combatant by the United States.Joint Task Force Guantanamo analysts estimate he was born in 1982, in Aden, Yemen.... |
|
118 | Abd Al Rahman Abdullah Al Halmandy |
|
174 | Hisham |
|
196 | Moussa Moussa Moussa may refer to:Musa , the Israelite prophet known to Christians and Jews as Moses; see Islamic view of Moses* Amr Moussa , current Secretary-General of the League of Arab Nations... |
|
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 |
|
Muhammed Saad Iqbal Madni
On September 2, 2008Muhammed Saad Iqbal Madni's lawyers were informed he had been repatriated to Pakistani custody.
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 US 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 US Government and the Pakistani Government.