Parhat v. Gates

Parhat v. Gates

Parhat v. Gates No. 06-1397 (D.C. Cir.) is a petition for review under the Detainee Treatment Act of 2005 filed on behalf of Hozaifa Parhat, and six other Uyghur captives held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.cite news
url=http://www.scotusblog.com/movabletype/archives/2007/05/new_development.html
date=Thursday, May 10, 2007
title=New developments on detainees
author=Lyle Denniston
publisher=Scotusblog
accessdate=2007-09-18] cite news
url=http://www.supremecourtus.gov/orders/courtorders/062907pzor.pdf
title=Order list: 551 U.S.
publisher=Supreme Court of the United States
date=Friday June 29, 2007
accessdate=2008-01-07] cite news
url=http://www.usdoj.gov/osg/briefs/2006/0responses/2006-1195.resp.pdf
title=Nos. 06-1195 and 06-1196 -- In the Supreme Court of the United States
publisher=Supreme Court of the United States
date=March 2007
accessdate=2008-01-05] cite news
url=http://www.usdoj.gov/osg/briefs/2006/0responses/2006-1195.resp.rehearing.pdf
title=Nos. 06-1195 and 06-1196 -- In the Supreme Court of the United States
publisher=Supreme Court of the United States
date=June 2007
accessdate=2008-01-05]

Susan Baker Manning, one of Parhat's attorneys, commentedcite news
url=http://www.nytimes.com/2007/09/12/washington/12gitmo.html?ref=todayspaper
publisher=New York Times
author=William Glaberson
title=Officials Cite Danger in Revealing Detainee Data
date=Wednesday, September 12, 2007
accessdate=2007-09-12
page=A18] :quotation
“If we’re going to hold people, possibly for the rest of their lives, it seems eminently fair that we should look at all the evidence to see if they are or are not the people who should be at Guantánamo.”

Rasul v. Bush

Initially, the Bush Presidencyasserted that none of the captives apprehended during the "global war on terror" were protected by the Geneva Conventions. The Bush Presidency asserted that the Guantanamo Bay Naval Base was not United States territory, and that it was not subject to United States law. Consequently, they challenged that the captives were entitled to submit writs of habeas corpus.

The Supreme Court of the United States ruled, in Rasul v. Bush, that the Guantanamo base was covered by US law.

Appeal under the Detainee Treatment Act

On Monday June 23 2008, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit announced its decision of three days earlier overturning the determination of Parhat's Combatant Status Review Tribunal.cite news
url=http://www.washingtonpost.com/wp-dyn/content/article/2008/06/23/AR2008062300844.html
title=Appeals court rules for Guantanamo prisoner
publisher=Washington Post
author=James Vicini
date=June 23 2008
accessdate=2008-06-23
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.washingtonpost.com%2Fwp-dyn%2Fcontent%2Farticle%2F2008%2F06%2F23%2FAR2008062300844.html&date=2008-06-23 mirror] ] cite news
url=http://www.mcclatchydc.com/homepage/story/41907.html
title=In first, court rejects military's ruling in Guantanamo case
publisher=McClatchy News Service
date=June 23 2008
accessdate=2008-06-23
quote=] cite news
url=http://www.iht.com/articles/ap/2008/06/23/america/NA-GEN-US-Guantanamo-Chinese-Muslim.php
title=US appeals court rejects classification of Chinese Muslim as an enemy combatant
publisher=International Herald Tribune
date=June 23 2008
accessdate=2008-06-23
quote=] The court had only published a one paragraph announcement as its full ruling contained classified material, and an unclassified version had not yet been prepared.

On Monday June 30 2008 the court published the court's 39 page ruling.cite news
url=http://thelede.blogs.nytimes.com/2008/06/30/snark-injection-for-guantanamo-trial/?hp
title=Snark Injection for Guantanamo Trial
publisher=New York Times
author=Mike Nizza
date=2008-06-30
accessdate=2008-06-30
quote=] cite news
url=http://pacer.cadc.uscourts.gov/common/opinions/200806/06-1397-1124487.pdf
title=Huzaifa Parhat v. Gates
publisher=United States Department of Justice
author=Merrick B. Garland
date=2008-06-30
accessdate=2008-06-30
quote=] cite news
url=http://www.nytimes.com/2008/07/01/washington/01gitmo.html?hp
title=Court Is Skeptical of U.S. Evidence in Guantánamo Case
publisher=New York Times
author=William Glaberson
date=2008-06-30
accessdate=2008-06-30
quote=] The ruling was published with a limited number of redactions.

ee also

*Qassim v. Bush

References


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