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 |
| |
Hasan Balgaid | Omar Deghayes[9] | Libya | ? |
| ||
Salih | Omar Deghayes[9] | Libya | ? |
| ||
Muhammed Dawood | Omar Deghayes[9] | Libya | ? |
| ||
Aminullah | Hamid Ullah | Habib Ullah | Aminullah | Afghanistan | ? |
|
Aminullah | Haji NaqibUllah | Mohammed Shah | Aminullah | Afghanistan | ? |
|
Zafir Khan | Abdul Salaam, Ghanum Gul | Farioz | Zafir Khan | Afghanistan | ? |
|
Raheem Ullah | Abdul Salaam, Ghanum Gul | Kareem Khan | Raheem Ullah | Afghanistan |
| |
Gul Rehman | Fazal Ahmad | Gul Rehman | Afghanistan | ? |
| |
Ghanum Gul | Azeem Gul | Warakzai | Ghanum (sic) | Afghanistan | ? |
|
Nazar Mohammed | Pir Mohammed Pahlawan | Pir Mohammed Pahlawan | Nazar Mohammed | Afghanistan |
| |
Mohibullah | Abdul Salam Zalmay | Kareem Khan | Mohibullah | Afghanistan |
| |
Sardar Khan | Zahir Shah | Sahdar (sic) Khan | Afghanistan | ? |
| |
Sardar Mohammad | Baz Mohammad | Sardar Mohammed | Afghanistan | ? |
| |
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 |
| |
Haji Sardar Mohammed | Haji Naqibullah | Mohammed Ayub Khan | Sardar Mohammed | Afghanistan | ? |
|
Mohammad Yaqoob Akhwanzada | Abdul Salam Zalmay | Mohammad Usman | ||||
Mohabid Din | Burhanud Din | |||||
Mohammed Ayub | Abdul Salaam, Ghanum Gul | Kareem Khan | Mohammed Ayub | Afghanistan |
| |
Rahmattullah | Atta Ullah | Shujauddin | Rahmattullah | Afghanistan |
| |
Mohammad Ayub | Abdul Salam Zalmay | Mohammad Usman | Mohammad Ayub | Afghanistan |
|
References
- ↑ "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."
- ↑ "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
- ↑ "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."
- ↑ "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."
- ↑ "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"
- ↑ 6.0 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
- ↑ 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."
- ↑ 8.00 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.”
- ↑ 9.0 9.1 9.2 Omar Deghayes was, in 2006, still a captive in Guantanamo.
- ↑ 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.”
- ↑ 11.0 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.”