PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Tuesday, October 27, 2009

Federal judge dismisses Guantanamo habeas petition
Matt Glenn at 7:38 AM ET

[JURIST] Judge John Bates of the US District Court for the District of Columbia [official website] on Friday dismissed without prejudice [memorandum and order, PDF] a petition for habeas corpus filed on behalf of a Guantanamo Bay [JURIST news archive] detainee after the detainee refused to meet with his appointed counsel to authorize the petition. The court dismissed the petition, which was filed in 2006 on behalf of Muieen Adeen Jamal Adeen Abd Al Fusal Abd Al Sattar by Sami al Hajj as "next friend," based on a 2008 order requiring "next friend" habeas petitions to be authorized and signed by the the detainee on whose behalf the petition was filed. The order gave lawyers 10 days from their second meeting with a detainee to obtain such an authorization. According to the opinion, Al Sattar refused to meet with his appointed lawyer all five times the lawyer attempted to meet with him, tore up a letter from the lawyer asking for a meeting, and threatened Guantanamo personnel when they attempted to arrange a meeting. Bates ruled that Al Sattar was unwilling, rather than unable, to authorize the petition on his behalf, and therefore dismissed the petition.

Earlier this month, a judge in the same court dismissed [JURIST report] a detainee's habeas petition for similar reasons. Last month, a judge denied [JURIST report] the habeas petition of Algerian Guantanamo Bay detainee Sufiyan Barhoumi, bringing the total number of government victories to eight, while 30 detainees' habeas petitions have been granted. Also in September, a judge granted [JURIST report] the habeas petition of detainee Fouad Al Rabiah, ordering his release.






Link | |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Utah court will allow execution by firing squad
11:50 AM ET, February 12

 Nuclear Regulatory Commission approves first new plant in over 30 years
10:37 AM ET, February 12

 Groups petition Supreme Court to overturn Montana ban on corporate campaign spending
3:18 PM ET, February 11

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Hungary and Mexico's Constitutional Parallels
FOREIGN
Kevin Govern
Ave Maria School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@pitt.edu