Sadkhan v. Bush

Civil Action No. 05-CV-1487 is a habeas corpus petition filed on behalf of Guantanamo captive Jawad Jabbar Sadkhan Al-Sahlani.

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 closed.However, on June 12 2008, in Boumediene v. Bush, that Combatant Status Review Tribunals were inadequate, and the outstanding habeas petitions were put back in motion.

Document seizure

Following the deaths in custody of three captives on June 10 2006 camp authorities seized captive's papers, including their copies of their habeas documents.cite web
url=http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf
title=RESPONDENTS’ RESPONSE TO COURT’S AUGUST 7, 2006 ORDER
date=August 15 2006
publisher=United States Department of Defense
accessdate=2008-06-23]

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.cite news
url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf
title=NOTICE OF MILITARY COMMISSIONS ACT OF 2006
publisher=United States Department of Justice
author=Peter D. Keisler, Douglas N. Letter
date=2006-10-16
accessdate=2008-09-30
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fnatseclaw.typepad.com%2Fnatseclaw%2Ffiles%2FHamdan.28j.letter.pdf&date=2008-09-30 mirror] ]

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.

Renewed petition

On July 18, 2008 Jeffrey D. Colman renewed Jawad's petition, noting that he is an Iraqi Shiite Muslim.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/149/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 149 -- Orders that all petitioners other than the following are DISMISSED without prejudice from Civil Action Number 05-2386
publisher=United States Department of Justice
author=Jeffrey D. Colman
date=2008-07-18
accessdate=2008-08-16
quote= ] cite web
url=http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf
title=Respondents' response to Court's August 7, 2006 order
date=August 15 2006
publisher=United States Department of Defense
accessdate=2008-06-23] Colman works for [JENNER & BLOCK, LLP.cite news
url=http://listproc.ucdavis.edu/archives/law-lib/law-lib.log0701/att-0174/01-GITMO_AttyList.pdf
title=Lead Petitioners' Counsel in Guantanamo Habeas Cases
publisher=Center for Constitutional Rights
date=Monday, January 8, 2007
accessdate=2008-06-11
quote=]
Rosemary M. Collyer has also worked on this petition.

Jawad had also initiated an appeal under the Detainee Treatment Act 07-1149.

Jawad's petition asserts that the Department of Defense continues to withhold exculpatory evidence.

References