Deleted:Ghulam Mohammed v. Donald Rumsfeld

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Template:Rescue Template:Expert-verify Ghulam Mohammed v. Don Rumsfeld is a writ of habeas corpus filed on behalf of twenty-five detainees held in the American Bagram Theater internment facility, near Kabul, Afghanistan.[1][2] The Center for Constitutional Rights described it as their response to the recently passed Military Commissions Act of 2006, which included clauses designed to close off the access of detainees in US custody to the US civil justice system, including habeas corpus. The petition is described as the first challenge to the Act.[3][4] The Center for Constitutional Rights described the petition as a natural extension to the Supreme Court's ruling in Rasul v. Bush.[5]

The case was heard before US District Court Judge Richard J. Leon.[6]{{ safesubst:#invoke:Unsubst||$N=Better source |date=__DATE__ |$B= [better source needed] }}

Habeas corpus petitions were filed on behalf of several hundred Guantanamo detainees. Very few petitions were filed on behalf of Bagram detainees.[7]

Colonel James W. Gray, Bagram's commandant, filed a declaration on December 21, 2006, describing a search for detainees with names matching those on the habeas petition.[6]{{ safesubst:#invoke:Unsubst||$N=Better source |date=__DATE__ |$B= [better source needed] }}

Detainees named on the petition

Template:Section OR Template:Importance-section

name
on the
habeas
petition
"next friend" son of name
as per
Gray
nationality enemy
combatant
status?
notes
Ghulam Mohammed Raz Mohammad Abdul Mahdi Ghulam Mohammed Afghanistan
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Hasan Balgaid Omar Deghayes[9] Libya  ?
  • Gray denied Bagram had ever held Libyans with the names listed on the habeas petition.[10]
Salih Omar Deghayes[9] Libya  ?
  • Gray denied Bagram had ever held Libyans with the names listed on the habeas petition.[10]
Muhammed Dawood Omar Deghayes[9] Libya  ?
  • Gray denied Bagram had ever held Libyans with the names listed on the habeas petition.[10]
Aminullah Hamid Ullah Habib Ullah Aminullah Afghanistan  ?
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Aminullah Haji NaqibUllah Mohammed Shah Aminullah Afghanistan  ?
  • Gray confirmed an individual whose name was a close match was held in Bagram, and had subsequently been released.
Zafir Khan Abdul Salaam, Ghanum Gul Farioz Zafir Khan Afghanistan  ?
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Raheem Ullah Abdul Salaam, Ghanum Gul Kareem Khan Raheem Ullah Afghanistan
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Gul Rehman Fazal Ahmad Gul Rehman Afghanistan  ?
  • Gray wrote Bagram had held two individuals named Gul Rehman, who had both been released.
Ghanum Gul Azeem Gul Warakzai Ghanum (sic) Afghanistan  ?
  • Gray confirmed an individual whose name was a close match was held in Bagram, and had subsequently been released.
Nazar Mohammed Pir Mohammed Pahlawan Pir Mohammed Pahlawan Nazar Mohammed Afghanistan
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Mohibullah Abdul Salam Zalmay Kareem Khan Mohibullah Afghanistan
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Sardar Khan Zahir Shah Sahdar (sic) Khan Afghanistan  ?
  • Gray wrote that Bagram held two individuals with this name, but since their father's names weren't on the habeas petition their identity couldn't be confirmed.[11] One had been released, one was still in custody.
Sardar Mohammad Baz Mohammad Sardar Mohammed Afghanistan  ?
  • Gray wrote that Bagram held two individuals with this name, but since their father's names weren't on the habeas petition their identity couldn't be confirmed.[11] One had been released, one was still in custody.
Maulvi Hameedullah Haji Naqibullah Mohammad Umar Maulvihameedullah Afghanistan enemy combatant An Enemy Combatant Review Board confirmed his status on August 17, 2006.
Malik Abdul Rahim Haji Naqibullah
Maulvi Naeem Haji Naqibullah Mullah Khairullah
Haji Mullah Abdul Razaq Haji Naqibullah Mohammed Yaqoob Afghanistan enemy combatant An Enemy Combatant Review Board confirmed his status on August 17, 2006.
Gul Mohammed Haji Naqibullah Zahir Lala Gul Mohammed Afghanistan
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Haji Sardar Mohammed Haji Naqibullah Mohammed Ayub Khan Sardar Mohammed Afghanistan  ?
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Mohammad Yaqoob Akhwanzada Abdul Salam Zalmay Mohammad Usman
Mohabid Din Burhanud Din
Mohammed Ayub Abdul Salaam, Ghanum Gul Kareem Khan Mohammed Ayub Afghanistan
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Rahmattullah Atta Ullah Shujauddin Rahmattullah Afghanistan
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]
Mohammad Ayub Abdul Salam Zalmay Mohammad Usman Mohammad Ayub Afghanistan
  • Gray wrote Bagram held an individual with this name, but the name of his father did not match that on the habeas petition.[8]

References

  1. "CCR Files First New Challenges to Military Commissions Act: CCR Files Habeas Petition for 25 Detainees Held Without Charge at Bagram Air Base, Afghanistan". Center for Constitutional Rights. 2006-10-02. Archived from the original on 2010-11-23. http://www.webcitation.org/query?url=http%3A%2F%2Fccrjustice.org%2Fnewsroom%2Fpress-releases%2Fccr-files-first-new-challenges-military-commissions-act&date=2010-11-23. "CCR filed a habeas petition on behalf of 25 detainees held at Bagram Air Force Base in Afghanistan who have been detained without charge or trial. Mohammed v. Rumsfeld directly contests the MCA's denial of due process to non-citizens held in U.S. custody." 
  2. "Ghulam Mohammed v. Don Rumsfeld". United States Department of Justice. September 28, 2006. Archived from the original on 2010-11-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.scotusblog.com%2Farchives%2FBagram%2520petition.pdf&date=2010-11-23. Retrieved 2008-06-01.  16x16px Works related to Ghulam Mohammed v. Don Rumsfeld at Wikisource
  3. "Punch & Jurists". Federal Criminal Law Newsletter. 2006-09-04. Archived from the original on 2010-11-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.fedcrimlaw.com%2Fmembers%2Fpunch%2F2006%2F09-04-06.html&date=2010-11-23. "We have posted a copy of a new habeas petition filed by the Center for Constitutional Rights in Mohammed v. Rumsfeld on behalf of 25 alleged terrorists being held without charge at an American air force base in Afghanistan, in what appears to be the first direct test of the constitutionality of the new Military Commissions Act that withdraws habeas rights from detainees being held in U.S. custody." 
  4. "Bush signs the Military Commissions Act: CCR calls it a blow to democracy and the Constitution". Center for Constitutional Rights. 2006-10-17. Archived from the original on 2010-11-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.immigrantsolidarity.org%2Fcgi-bin%2Fdatacgi%2Fdatabase.cgi%3Ffile%3DIssues%26report%3DSingleArticle%26ArticleID%3D0620&date=2010-11-23. "CCR has already filed the first new cases to challenge the stripping of habeas corpus: Mohammed v. Rumsfeld, a habeas petition on behalf of 25 men detained at Bagram Air Force Base; and Khan v. Bush, a habeas petition on behalf of Majid Khan, a Baltimore man held in secret by the CIA for nearly three years until President Bush transferred him to Guant namo in early September." 
  5. "The Military Commissions Act - Question & Answers". Center for Constitutional Rights. 2006-10-26. Archived from the original on 2010-11-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.rense.com%2Fgeneral74%2Fmil.htm&date=2010-11-23. "Mohammed v. Rumsfeld is a natural extension of the Supreme Court's decision in Rasul v. Bush, which held that Guantánamo detainees have the right to challenge their detention in the federal courts through habeas corpus" 
  6. 6.0 6.1 James W. Gray (2006-12-21). "Declaration of James W. Gray". Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2006cv01680/122640/4/1.html. Retrieved 2010-11-23.  16x16px Works related to Declaration of Colonel James W. Gray (2006-12-21) at Wikisource
  7. Eliza Griswold (May 2, 2007). "The other Guantánamo. Black Hole". The New Republic. Archived from the original on 2010-11-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.tnr.com%2Fprint%2Farticle%2Fblack-hole-the-other-guantanamo&date=2010-11-23. Retrieved 2007-05-05. "Last month,lawyers pleaded two separate cases before the D.C. District Court, demanding that the justices review petitions of habeas corpus for Bagram detainees. These cases represent the rare moment when Bagram will actually receive scrutiny." 
  8. 8.00 8.01 8.02 8.03 8.04 8.05 8.06 8.07 8.08 8.09 8.10 "“For the following eleven Petitioners, our records reflect that we currently detain or have detained citizens of Afghanistan at the BTIF with the same or closely similar names to those listed in the petition. However, the names of the petitioner's father do not match the names of these individuals' fathers: Ghulam Mohammed, Animullah (s/o Habid Ullah), Zafir Khan, Raheem Ullah, Nazar Mohammed, Mohibullah, Gul Mohammed, Mohammed Ayub, Rahmatullah, Mohammad Ayub and Haji Sadar (sic) Mohammed.”
  9. 9.0 9.1 9.2 Omar Deghayes was, in 2006, still a captive in Guantanamo.
  10. 10.0 10.1 10.2 “For the following three Petitioners, who allege that they are citizens of Libya, our records reflect that we do not have Libyan detainees at BTIF with the same of similar names: Hasan Balgaid, Salih and Muhammed Dawood.”
  11. 11.0 11.1 “For Petitioners Sardar Mohammed and Sahdar (sic) Khan, our records reflect that we currently detain or have detained at the BTIF two individuals with names closely similar to "Sardar Mohammed" and two with names closely similar to "Sahdar (sic) Khan." (The petition did not provide the name of these Petitioner's fathers.) One individual by each name has been released, and one individual by each name is still in detention. Without additional information we are unable to conclude whether any of these individuals are the Petitioners.”