Moammar Badawi Dokhan
Encyclopedia
Writ of habeas corpus
Moammar Badawi Dokhanhad a writ of habeas corpus filed on his behalf.
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 12 June 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.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Factual return
On December 30, 2008 United States Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
official Daniel M. Barish informed the court that the DoJ had filed "factual returns" in seven habeas cases, including Moammar Badawi Dokhan's.
Transfer to Portugal
Two Syrian captives in GuantanamoSyrian captives in Guantanamo
The United States Department of Defense was holding a total of elevenSyrian detainees in Guantanamo.A total of 778 suspects have been held in the Guantanamo Bay detention camps, in Cuba since the camps opened on January 11, 2002...
were transferred to Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
on August 28, 2009.
On August 31, 2009 Carol Rosenberg
Carol Rosenberg
Carol Rosenberg is a senior journalist, currently with the McClatchy News Service.Rosenberg works at the Miami Herald, which has provided extensive coverage of the operation of the Guantanamo Bay detention camps, in Cuba.-Biography:...
writing in the Miami Herald reported that the two Syrians were
Muhammed Khan Tumani and Moammar Dokhan.
She reported that they were released following the reviews initiated by United States President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
. Their 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...
petitions had not yet been concluded.
External links
- Who Are The Two Syrians Released From Guantánamo To Portugal? Andy Worthington