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Category Archives: Detention: Law of

Navy Weighing Fate of Nurse who Refused To Perform Guantanamo Force-Feeding Procedures

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Thursday, November 20, 2014 at 11:00 AM

Earlier this month we noted that, in the much-watched Dhiab case, a federal judge refused to grant a preliminary injunction against certain force-feeding procedures used on hunger-strikers at Guantanamo. Now a parallel saga is unfolding—one involving a US Navy nurse who refused to perform some of those very procedures this past summer. It seems to mark the first instance of a military employee refusing, . . .
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DC Circuit Temporarily Stays United States’ Appeal in Al-Nashiri, Pending Consideration of Mandamus Petition

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Wednesday, November 12, 2014 at 8:55 PM

The order grants a motion filed by Al-Nashiri, and was handed down today by Circuit Judges Cornelia Pillard and Judith Rogers, over the dissent of Circuit Judge Brett Kavanaugh. It’s gist is temporarily to pause the government’s appeal, to the Court of Military Commission Review (“CMCR”), of the dismissal of some (though not all) of the capital military . . .
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The Obama Administration’s Position on the CAT

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Wednesday, November 12, 2014 at 9:34 AM

The New York Times’ Charlie Savage has the scoop: WASHINGTON — A treaty ban on cruel treatment will restrict how the United States may treat prisoners in certain places abroad, the Obama administration is expected to tell the United Nations on Wednesday, according to officials. That interpretation would change a disputed Bush administration theory that the cruelty ban does . . .
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Court Denies Preliminary Injunction in GTMO Force-Feeding Case

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Monday, November 10, 2014 at 11:15 AM

On Friday, Judge Gladys Kessler of the United States District Court for the District of Columbia denied detainee Abu Wa’el Dhiab’s bid for a preliminary injunction against certain Guantanamo force-feeding procedures. The court’s memorandum opinion concludes as follows: For the reasons stated above, the Court concludes that the Petitioner’s Application for a Preliminary Injunction must be . . .
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Detainee Transferred from Afghanistan to US for Trial: A Model for GTMO Closure?

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Tuesday, November 4, 2014 at 6:28 PM

A very interesting development today with respect to the ongoing effort to complete the shut-down of US-administered military detention in Afghanistan: As you may recall, we have long since ceased holding any Afghans in military detention in Afghanistan, but we have maintained a rump population of non-Afghan detainees in our control. It has been clear . . .
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D.C. Circuit Denies En Banc Rehearing in Hatim v. Obama, Counsel-Access Case

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Friday, October 31, 2014 at 7:00 PM

The D.C. Circuit has just issued a per curiam order denying the detainees’ petition for an en banc rehearing in Hatim v. Obama. So ends—for the time being—Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif’s bid to reinstate District Chief Judge Lamberth’s July 2013 ruling as to the unconstitutionality of the challenged Guantanamo security . . .
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A Bit More On the Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty

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Monday, October 27, 2014 at 7:45 AM

In his piece on Nobel Peace Prize Laureates pressuring the President to disclose information about torture, Charlie Savage explains why some officials in the administration oppose the broad extraterritorial expansion of Article 16 of the CAT: The officials opposed to accepting the cruelty provision as applying abroad insist they do not want to resume abusive . . .
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The Convention Against Torture: Extraterritorial Application and Application to Military Operations

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Sunday, October 26, 2014 at 10:37 AM

Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earlier in the week. The New York Times opined on the issue on Tuesday in one of its typically misleading, “don’t-confuse-me-with-the-facts” editorials that suggested that the . . .
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The Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty is (Almost Certainly) Not About USG Interrogation Policy

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Friday, October 24, 2014 at 10:22 AM

A week ago Charlie Savage reported that the Obama administration “is considering reaffirming the Bush administration’s position that the [Convention Against Torture(CAT)] imposes no legal obligation on the United States to bar cruelty outside its borders.”  The provision of the Torture Convention in question is Article 16, which provides: “Each State Party shall undertake to . . .
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Russian Bagram Detainee Set for Federal Prosecution in U.S.

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Thursday, October 23, 2014 at 3:45 PM

Or so I gather from this Washington Post piece, which opens thusly: A Russian captured fighting with insurgents in Afghanistan and held for years at a detention facility near Bagram air base will be flown to the United States to be prosecuted in federal court, according to U.S. officials. The move marks the first time a foreign . . .
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PRB Recommends Repatriation for One Saudi Detainee, Continued Detention for Another

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Tuesday, October 21, 2014 at 2:56 PM

Yesterday the Periodic Review Board recommended the repatriation of Muhammad Murdi Issa al-Zahrani, a Saudi detainee who has been held in Guantanamo for 12 years after being captured in Afghanistan in 2002. The Board’s short statement concluded that given the “uncorroborated nature” of Zahrani’s association with Al Qaeda, his lack of ties to at-large extremists, and . . .
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Government Files Response in Hatim v. Obama

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Tuesday, October 14, 2014 at 4:30 PM

Today the government filed a short response to the detainees’ petition for an en banc rehearing in Hatim v. Obama, the Guantanamo counsel-access case. Recall that last month the D.C. Circuit ordered the United States to respond to a joint motion filed by Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif. The detainees are seeking review of a . . .
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Signing Statements, the Commander in Chief Power, and Guantanamo Closure

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Friday, October 10, 2014 at 4:00 PM

According to the Wall Street Journal,  the President’s people are “drafting options” to bring about Guantanamo’s closure, an objective that would require the White House to get around a statutory restriction on transferring GTMO detainees to the United States.  Or not: Vice’s Jason Leopold reports that NSC Spokeswoman Caitlin Hayden today said the Administration does not know what “‘new press . . .
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Dhiab Preliminary Injunction Hearing Read-Out, Part Three

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Thursday, October 9, 2014 at 1:38 PM

Today marks our last little dispatch about the preliminary injunction hearing in the case of Abu Wa’El (Jihad) Dhiab, Syrian national, cleared-for-release Guantanamo detainee, and—most relevantly for present purposes—intermittent hunger-striker. Yesterday’s open proceedings can be summarized straightforwardly: in essence, the government concluded its evidence against Dhiab’s motion for a preliminary injunction with respect to certain Guantanamo . . .
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Dhiab Preliminary Injunction Hearing Read-Out, Part Two

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Wednesday, October 8, 2014 at 1:11 PM

We continue with our coverage of a preliminary injunction hearing in the case of Guantanamo detainee and intermittent hunger-striker Abu Wa’El (Jihad) Dhiab. As before, we recount the prior day’s proceedings in summary fashion. In short, the day saw further cross-examination of one of the detainee’s experts, Dr. Stephen Xenakis; direct and cross-examination of another expert, . . .
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Petitioner Files Reply in Bahlul v. United States

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Tuesday, October 7, 2014 at 4:00 PM

Petitioner Ali al-Bahlul filed his reply brief yesterday in Bahlul v. United States, the D.C. Circuit case that will decide whether a military commission may render a stand-alone conspiracy conviction. In the new filing, petitioner makes a point of rejecting the government’s claim for plain error review before elaborating on the four arguments put forth in his opening brief. The argument . . .
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Dhiab Preliminary Injunction Hearing Read-Out: Part One

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Tuesday, October 7, 2014 at 10:38 AM

Below you’ll find a read-out on the first of a three-day, preliminary injunction hearing in the case of Guantanamo detainee and intermittent hunger-striker Abu Wa’El (Jihad) Dhiab. The Syrian national’s habeas case is likely familiar to readers by now. He has been cleared for release, and awaits a possible transfer to Uruguay after the latter’s upcoming . . .
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Judge Kessler’s Videotape Order and the Costs of Crying Wolf

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Saturday, October 4, 2014 at 9:57 AM

The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa’el Dhiab’s forced feedings to be unsealed (see Jane’s summary) is whether the public’s presumptive right of access is outweighed by the government’s well-specified “compelling interest” in keeping the classified tapes sealed.  The Government claims there are five . . .
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DCCA: USG Must Respond to Detainees’ Petition for En Banc Rehearing in Hatim

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Tuesday, September 23, 2014 at 11:00 AM

Now this is interesting. Last week, detainees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif together sought en banc rehearing in Hatim v. Obama, the so-called “counsel access” case. Yesterday, the D.C. Circuit ordered the United States to respond to the detainees’ arguments supporting rehearing—a summary of which can be found here—within 15 days. Stay tuned.

Are We Facing an ISIS Detention Mess?

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Monday, September 22, 2014 at 11:17 PM

Over at Newsweek, Jeff Stein wonders: “What Will U.S. Forces Do With ISIS Prisoners?” Among the many unresolved issues in the campaign to “degrade and destroy” ISIS, as it’s generally known, is what to do with prisoners in Iraq or Syria, should American special operators or U.S.-backed forces be lucky enough to capture any. How deeply . . .
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