Qassim v. Bush
Encyclopedia
Abu Bakker Qassim, et al. v. George W. Bush, et al. (05-5477), is a case in which two Muslim Uyghurs
challenged their detention at the Guantanamo Bay Naval Base
in Cuba
.
and A'Del Abdu Al-Hakim were both captured and transferred to United States
custody in Afghanistan
, where they were later held at "Camp Delta
" on the Guantanamo Bay Naval Base as enemy combatants. In 2005, the Combatant Status Review Tribunal
(CSRT) determined them to be "no longer enemy combatants" (NLECs). They are currently in legal limbo
as they refuse to go back to their native China
for fear of torture and the United States refuses to admit them into the country.
for the District of Columbia
for a writ
of habeas corpus
which was later denied on December 22, 2005. The District Court found that the federal courts have "no relief to offer." On January 17, 2006, while on appeal to the United States Court of Appeals for the District of Columbia Circuit
, Qassim and al-Hakim petitioned the Supreme Court of the United States
for a writ of certiorari, which was denied without explanation on April 17, 2006. Their case was scheduled for oral argument on May 8, 2006.
The United States released the petitioners to Albania
on May 5, 2006, three days before oral argument was to begin in the Court of Appeals
. On an emergency motion filed later that day by the United States
, the case was dismissed as moot. Barbara Olshansky, one of the Uighur's lawyers, characterized the sudden transfer as an attempt to: "...avoid having to answer in court for keeping innocent men in jail, "
was denied and is on appeal.
Uyghur people
The Uyghur are a Turkic ethnic group living in Eastern and Central Asia. Today, Uyghurs live primarily in the Xinjiang Uyghur Autonomous Region in the People's Republic of China...
challenged their detention at the Guantanamo Bay Naval Base
Guantanamo Bay Naval Base
Guantanamo Bay Naval Base is located on of land and water at Guantánamo Bay, Cuba which the United States leased for use as a coaling station following the Cuban-American Treaty of 1903. The base is located on the shore of Guantánamo Bay at the southeastern end of Cuba. It is the oldest overseas...
in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
Facts
In late 2001, Abu Bakker QassimAbu Bakker Qassim
-Transcript:Qassim chose to participate in his Combatant Status Review Tribunal.On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a ten page summarized transcript from his Combatant Status Review Tribunal....
and A'Del Abdu Al-Hakim were both captured and transferred to United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
custody in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, where they were later held at "Camp Delta
Camp Delta
Camp Delta is a permanent detainment camp at Guantanamo Bay that replaced the temporary facilities of Camp X-Ray. Its first facilities were built between February 27 and mid-April 2002 by Navy Seabees, Marine Engineers, and workers from Halliburton subsidiary Kellogg, Brown and Root...
" on the Guantanamo Bay Naval Base as enemy combatants. In 2005, the Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
(CSRT) determined them to be "no longer enemy combatants" (NLECs). They are currently in legal limbo
Limbo
In the theology of the Catholic Church, Limbo is a speculative idea about the afterlife condition of those who die in original sin without being assigned to the Hell of the damned. Limbo is not an official doctrine of the Roman Catholic Church or any other...
as they refuse to go back to their native China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
for fear of torture and the United States refuses to admit them into the country.
Court decisions
They petitioned the United States District CourtUnited States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
for a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
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...
which was later denied on December 22, 2005. The District Court found that the federal courts have "no relief to offer." On January 17, 2006, while on appeal to the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
, Qassim and al-Hakim petitioned the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
for a writ of certiorari, which was denied without explanation on April 17, 2006. Their case was scheduled for oral argument on May 8, 2006.
The United States released the petitioners to Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
on May 5, 2006, three days before oral argument was to begin in the Court of Appeals
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
. On an emergency motion filed later that day by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the case was dismissed as moot. Barbara Olshansky, one of the Uighur's lawyers, characterized the sudden transfer as an attempt to: "...avoid having to answer in court for keeping innocent men in jail, "
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.Current status
As of July 18, 2008, Mr. Qassim continues to live in Albania where he is difficultly attempting to have a new life without his friends and family. Mr. Hakim now resides in Sweden with his sister and her family. His application for asylumRight of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
was denied and is on appeal.
See also
- Rasul v. BushRasul v. BushRasul v. Bush, 542 U.S. 466 , is a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals held in Guantanamo Bay were wrongfully imprisoned...
- Hamdan v. RumsfeldHamdan v. RumsfeldHamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
- Abu Bakker QassimAbu Bakker Qassim-Transcript:Qassim chose to participate in his Combatant Status Review Tribunal.On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a ten page summarized transcript from his Combatant Status Review Tribunal....
- A'Del Abdu Al-Hakim
- Uyghur detainees in GuantanamoUyghur detainees in GuantanamoThe United States government detained twenty-two Uyghurs in the Guantanamo Bay detainment camp since 2002. As of today the five Uyghurs Abdul Razakah, Yusef Abbas, Hajiakbar Abdulghupur, Saidullah Khalik and Ahmed Mohamed remain in Guantanamo and have filed cases in US courts to obtain the right to...
Appeals Court
- PACER 60 day schedule - D.C. Circuit Circuit oral argument calendar
- Brief of the Petitioners-Appelants (Qassim) (PDF)
- Brief for Respondent (Government) (PDF)
- Reply Brief of the Petitioners-Appelants (Qassim) (PDF)
Supreme Court
- [ Supreme Court of the United States - Docket No. 05-892]
- Brief for the Respondents (USDOJ) in Opposition - No. 05-892 PDF)