Mamdouh Ibrahim Ahmed Habib v. George Bush

Mamdouh Ibrahim Ahmed Habib v. George Bush(Civil Action No. 02-CV-1130) is a writ of habeas corpus filed on behalf of Guantanamo captive Mamdouh Ibrahim Ahmed Habib.cite news
url=http://www.wfu.edu/~chesner/NationalSecurityLaw/GTMO/Table.B.Capture.Data.xls
title=Capture Data Table
publisher=
author=
date=
accessdate=2008-10-02
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.wfu.edu%2F%7Echesner%2FNationalSecurityLaw%2FGTMO%2FTable.B.Capture.Data.xls&date=2008-10-01 mirror] ] It is one of the first habeas petitions to be initiated, being initiated on June 10 2002, before US District Court Judge Colleen Kollar-Kottely.

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 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.

Publication of unclassified documents

In response to his habeas petition, on
1 October 2004, Teresa McPalmer compiled a dossier of 63 pages of unclassified documents. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_3291-3416.pdf#1
pages=pages 1-63
title=Mamdouh Ibrahim Ahmed Habib v. George Bush -- (Civil Action No. 02-CV-1130) (CKK)
publisher=United States Department of Defense
date=2004-10-01
accessdate=2008-10-03] In September 2007 the Department of Defense published the unclassified dossiers 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]

Unclassified summary of basis for Tribunal decision

Tribunal panel 6 convened on 20 September 2004 to confirm his status as an "enemy combatant".The Tribunal President decision memo stated that there were no issues with Habib'smental or physical health that barred him from full participation in the Tribunal.

According to the Unclassified summary of basis for Tribunal decision::

Torture claims

The unclassified summary of basis for Tribunal decisions recorded that Habib totally denied all the allegations and had told his Personal Representative that all his confession were coerced under torture.

Classified exhibits

The unclassified summary of the basis for Tribunal decisions recorded that the Recorder Recorder gave the Tribunal a fourteen classified documents, which had not been shown to Habib.The memo recorded that in confirming that Habib was an "enemy combatant" the Tribunal had to rely on the classified documents.

Instructions from Washington

The memo records that the Tribunal was interrupted by instruction from Washington, reconvening on 22 September 2004.The documents do not record why Washington interrupted the proceeding.

Mental and Physical health

The conclusion of the memo stated::

Recorder Exhibit List

Habib's dossier contained an undated Recorder Exhibit List.The Recorder Exhibit List refers to bulleted points: 3.a.1 through 3.a.6, and 3.b.1 through 3.b.4.

ummary of Evidence memo

The dossier contained a two page Summary of Evidence memo.It contained allegations in bulleted points: 3.a.1 through 3.a.6, and 3.b.1 through 3.b.4.

Motion to Dismiss

On April 17 2007 the United States Department of Justice argued that Habib's habeas petition should be dismissed as moot, because he had been repatriated to Australia.cite news
url=http://www.pegc.us/archive/In_re_Gitmo/gov_mot_to_dismiss_20070419.pdf
title=Exhibit B: List Of Enemy Combatant Detainees With Pending Habeas Corpus Petitions Who Have Been Released From United States Custody
page=
pages=
publisher=United States Department of Justice
author=
date=April 17 2007
accessdate=2008-05-05
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.pegc.us%2Farchive%2FIn_re_Gitmo%2Fgov_mot_to_dismiss_20070419.pdf&date=2008-10-03 mirror] ]

References