Murat Kurnaz v. George W. Bush

Murat Kurnaz v. George W. Bush(Civil Action No. 04-cv-01135)is a writ of habeas corpus filed on behalf of Guantanamo captive Murat Kurnaz.Kurnaz is a citizen of Turkey who was born and raised in Germany.Kurnaz's extrajudicial detention was a subject of discussion between Andrea Merkel and George W. Bush.

Shayana D. Kadidal was listed as the lead counsel in this petition.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= [http://www.webcitation.org/query?url=http%3A%2F%2Flistproc.ucdavis.edu%2Farchives%2Flaw-lib%2Flaw-lib.log0701%2Fatt-0174%2F01-GITMO_AttyList.pdf&date=2008-09-24 mirror] ]

eizure of privileged lawyer-client documents

On June 10 2006 the Department of Defense reported that three captives died in custody.The Department of Defense stated the three men committed suicide.Camp authorities called the deaths "an act of assymetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' 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 [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] ] Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures.Murat Kurnaz was one of the captives whose privileged documents were seized.

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.

References