El Banna v. Bush
Encyclopedia
El Banna v. Bush

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...

 that was submitted on behalf of Guantanamo captive Jamil al-Banna
Jamil al-Banna
Jamil el-Banna is a Jordanian with refugee status in the United Kingdom who had been living in north-west London. He is currently on bailed release in the United Kingdom following his release from extrajudicial detention in the United States in the Guantanamo Bay detainment camps, in Cuba.The ...

, Bisher Al Rawi and Martin Mubanga
Martin Mubanga
Martin Mubanga is a joint citizen of both the United Kingdom and Zambia. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months....

.


They were also United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 citizens, or residents.

George Brent Mickum was the lead counsel in this petition.

cases amalgamated with El Banna v. Bush
isn name notes
905 Jamil El-Banna 
  • Lead petitioner in the case.
  • Not "captured on the battlefield". Apprehended in Gambia, while on a business trip with his friend Bisher Al-Rawi.
  • Was first held and interrogated in a CIA safe house
    Safe house
    In the jargon of law enforcement and intelligence agencies, a safe house is a secure location, suitable for hiding witnesses, agents or other persons perceived as being in danger...

     in Gambia -- not in the detention of the Gambian justice system.
  • Returned to Britain in 2007.
906 Bisher Al-Rawi 
  • Not "captured on the battlefield". Apprehended in Gambia, while on a business trip with his friend Jamil el-Banna.
  • Was first held and interrogated in a CIA safe house
    Safe house
    In the jargon of law enforcement and intelligence agencies, a safe house is a secure location, suitable for hiding witnesses, agents or other persons perceived as being in danger...

     in Gambia -- not in the detention fo the Gambian justice system.
  • Original arrest was nominally due to carrying a battery charger in his luggage.
  • Pressure for the United Kingdom to insist on his return mounted when it became public that he was an MI-5 informant who was betrayed by his MI-5 handlers.
  • 10007 Martin Mubanga
    Martin Mubanga
    Martin Mubanga is a joint citizen of both the United Kingdom and Zambia. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months....

     
  • A joint citizen of Zambia
    Zambia
    Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....

     and the United Kingdom.
  • Captured in Zambia, not "captured on the battlefield".

  • Eligible to seek relief

    On 3 July 2008 US District Court Judge Thomas F. Hogan listed this habeas petition on a list where former captives were eligible to seek relief.
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