Abd-Al-Nisr Mohammed Khantumani v. George Walker Bush

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Tumani v. Bush (Civil Action No.: 05-cv-0526) is a habeas corpus petition filed on behalf of several captives held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba.[1]

Two Syrians, Abd Al Nasir Mohammed Abd Al Qadir Khantumani, Muhammad Abd Al Nasir Muhammad Khantumani, a father and son, were among the captives whose habeas petitions were amalgamated in this petition. They were represented by Elizabeth Ainslie who appeared on their behalf before Ricardo M. Urbina.

Both men had the unclassified documents from their Combatant Status Review Tribunals published in response to their habeas petitions.[2][3]

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[4]

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, 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.

Re-initiation

On 3 October 2008 Pardiss Kebriaei filed a "MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO CLASSIFIED NATIONAL SECURITY INFORMATION" in Civil Action Nos.: 05-0526, 05-0392, 05-1220, 05-1971, 05-2088, 06-1684, 08-1153 (TFH).[5]

Re-initiation

On July 18, 2008 Julia Tarver Mason filed a motion to renew Abdul Rahman Shalabi's habeas corpus petition. The petition stated that the other five men were all repatriated to Saudi Arabia in 2005, 2006 or 2007.

On 8 December 2008 Shayana D. Kadidal and other lawyers associated with the Center for Constitutional Rights and Paul E. Ohern and other Department of Justice officials submitted a Joint Status Report on behalf of Shalabi and several other captives.[6] According to the Joint Status Report Khantumani senior is in poor health, and has limited literacy, and needs to have his son aid him. Both men fear return to Syria and have protective orders filed on their behalf. The Joint Status Report states the petitioners called the government's justification "generic". The petitioners argued that the Bush Presidency's justification depends on denunciations from another captive who has denounced at least sixty other captives and whose credibility analysts mistrust.

See also

References

  1. "Respondents' response to Court's August 7, 2006 order" (PDF). United States Department of Defense. 2006-08-15. http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf. Retrieved 2008-06-23. 
  2. Teresa A. McPalmer (2005-08-16). "Abd-Al-Nisr Mohammed Khantumani v. George Walker Bush -- 05-0526 (RMU)". United States Department of Justice. pp. pages 84-122. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1893-2014.pdf#84. Retrieved 2008-07-19. 
  3. Teresa A. McPalmer (2005-07-15). "Muhammad Khantumani v. George Walker Bush -- 05-526 (RMU)". United States Department of Justice. pp. pages 65-107. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2015-2121.pdf#65. Retrieved 2008-07-19. 
  4. Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006" (PDF). United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30.  mirror
  5. Pardiss Kebriaei (2008-10-03). "Guantanamo Bay Detainee Litigation: Doc 633 -- MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO CLASSIFIED NATIONAL SECURITY INFORMATION" (PDF). United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/633/0.pdf. Retrieved 2008-11-17. 
  6. Shayana Kadidal (2008-12-08). "Guantanamo Bay Detainee Litigation: Doc 1200 -- JOINT STATUS REPORT" (PDF). United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1200/0.pdf. Retrieved 2008-12-12.