Rabbani v. Bush

Rabbani v. Bush(Civil Action No. 05-cv-1607)is a writ of habeas corpus filed on behalf of Guantanamo captives
Abdul Raheem Ghulam Rabbani and Ahmmed Ghulam Rabbani.

Publication of captives' CSR Tribunal documents

In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf
title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
author=OARDEC
publisher=United States Department of Defense
date=August 8 2007
accessdate=2007-09-29] The documents from the two men were both among those published. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf##55
pages=pages 55-67
title=Abdul Al-Rahim Ghulam Rabbani v. George W. Bush -- Civil Action No. 05-1607 (RMU)
publisher=United States Department of Defense
date=2005-12-13
accessdate=2008-08-18]

One brother's dossier was published on December 13 2005. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf##55
pages=pages 55-67
title=Abdul Al-Rahim Ghulam Rabbani v. George W. Bush -- Civil Action No. 05-1607 (RMU)
publisher=United States Department of Defense
date=2005-12-13
accessdate=2008-08-18] His name was spelled both as "Abdul Al-Rahim Ghulam Rabbani" and "Abu Rahim Moulana Gulam Rabbani" in those documents.Unusually, his Combatant Status Review Tribunal was not convened in Guantanamo.

The other brother's dossier was published on December 13 2005. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_4738-4817.pdf##68
pages=pages 68-80
title=Mohammed Ahmed Ghulam Rabbani v. George W. Bush -- Civil Action No. 05-1607 (RMU)
publisher=United States Department of Defense
date=2005-12-14
accessdate=2008-08-18] His name was spelled both as "Abd Al Rahim Ghulam Rabbani" and "Mohammed Ahmed Ghulam Rabbani" in those documents.

Their habeas documunts indentifed both brothers as being named "Abdul Rahim Ghulam Rabbani".

Privileged documents seized

On June 10 2006 the Department of Defense reported three deaths in custody.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 [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.pegc.us%2Farchive%2FOK_v_Bush%2Fgovt_resp_to_GK_20060815.pdf&date=2008-08-18 mirror] ] The Department of Defense asserted the three deaths were suicides, although it has failed to release the forensic evidence to substantiate that claim.Department of Defense spokesmen characterized the deaths as "acts of asymmetric warfare", and instituted a regime of harsher conditions -- including seizing all the captives' documents.Camp authorities suspected the deaths had been coordinated through the captives' attorneys -- even though none of the dead men had been allowed to meet with their attorneys.

Because the captives' copies of their habeas documents were considered privileged attorney-client communications the Department of Defense had to appear in court, and produce a list of those captives suspected of having their habeas documents seized.

The two men were named "Abdul Raheem Ghulam Rabbani" and "Ahmmed Ghulam Rabbani" when the Department of Defense tried to justify the seizure of their habeas documents.

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.

On July 18 2008 Agnieszka Fryszman submitted a NOTICE OF FILING on behalf of the two men.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/114/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 212 -- 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=Agnieszka Fryszman
date=2008-07-18
accessdate=2008-08-18
quote= ]

References