Federal Judge Grants Habeas Writ Due to Torture Issues

[sabra]

Source: The BLT: Blog of Legal Times

A federal trial judge in Washington today granted a petition for a writ of habeas corpus from a detainee who has been held at the Guantanamo Bay, Cuba, detention facility since 2002. The judge found the government had failed to demonstrate that the detainee was a member of al-Qaida.

The Obama administration contends that Uthman Abdul Rahim Mohammed Uthman, a Yemeni citizen, traveled to Afghanistan to join al-Qaida and became a fighter and bodyguard for Osama bin Laden. Uthman, who contends he is not an al-Qaida member, argues that he went to Afghanistan to teach the Quran to children.

The administration’s argument was based in significant part on the evidence provided by captured al-Qaida members Sharqwi Abdu Ali Al-Hajj and Sanad Yislam Ali Al Kazimi.

In a 20-page opinion, Judge Henry Kennedy Jr. of the U.S. District Court for the District of Columbia concluded that evidence was not credible because both men had been recently tortured when they made their statements.

“In light of the abusive circumstances of the detention of these men and serious questions about the accuracy of their identifications of Uthman, the Court finds these statements to be unreliable,” Kennedy wrote.

Read more: http://legaltimes.typepad.com/blt/2010/04/federal-judge-grants-habeas-writ-due-to-torture-issues-.html

[ixion]

1. long overdue

glad to hear.

[zipplewrath]

2. You think Obama will care?

How long before this man gets his "day in court"?

[abelenkpe]

27. Yes.

I think he cares.

[zipplewrath]

28. How will that care manifest itself

How will this thought of yours be demnstrated?

[Javaman]

29. Either he won't interfer or...

he will huge puppies. nt

[abelenkpe]

30. He has a lot on his plate

but I doubt he ignores this because he is callous or indifferent. Many are concerned about this. It is really up to us to continue to pressure our government to do the right thing.
I understand your disappointment though.

[zipplewrath]

31. Why will he ignore it?

I mean, he's been in office a year, and these folks still don't have a trial date, much less a trial.

[abelenkpe]

32. O I don't think he's ignoring it

I just think we should keep pressure on so that things move forward. It is a travesty that there are people held with no trial date. That's not something that should happen here, or anywhere.

[Soylent Brice]

3. K&R

[Xipe Totec]

4. K&R

[Jefferson23]

5. Damn good decision, way to go judge! 5 stars for you. n/t

[JDPriestly]

6. So thanks to the torture, we will never know the truth.

The Bush administration, what a bunch of losers. The gang that couldn't shoot straight. That's how history will bill them.

[Demeter]

7. Yes!

Beat Back the fascists and NPAC.

[myrna minx]

8. K&R n/t

[dipsydoodle]

9. K&R

Some common sense at last.

[ejbr]

10. Interesting how only certain instances will Obama

"look forward and not backward."

[truedelphi]

21. Sadly that happens to be the truth n/t

[boycottfaux]

11. See what happens

 . . when you torture!!

Cases rightfully get dismissed, even if the person is guilty. 
I guess Cheney thought he'd be V.P forever . .

[keopeli]

12. At long last, the exact type of case we've all said must be played out. They've tried to stop it,

but FAILed. Habeas Corpus, on which almost all our laws are based. Torture, which negates all testimony and evidence provided. Total Bush FAIL.

Could this man be a terrorist? Yes, certainly. Can we ever prove it in court? No, never. Why not? Because of Bush's total incompetence. And this is the tip of the iceberg for detainees.

[msanthrope]

16. Yep. +1000

[Patsy Stone]

20. Correct on all counts.

The havoc the BFEE caused by their love of torture can not be confined to only the physical and mental effects on the detainees, but must also, by necessity, be expanded to include the twisting and torturing of the country's most basic laws in order to mask their crimes.

[Solly Mack]

13. K&R

[Flaneur]

14. Torture is a stain on the honor of our country. Good for the judge.

[24601]

15. This ruling will affect the decision of military tribunals verses

civilian courts.

[Ozymanithrax]

17. Excellent decision. Even if Uthman is al-Qaida we can not rely of torture testimony...

It is antithetical to the rule of law. Now, if they would just bring the torturers up on charges, I would feel that great strides had been made to return us to protection by the rule of law.

[icee]

18. Excellent decision.

[EFerrari]

19. Boy, this DoJ is not much better than BushCo's.

[WinkyDink]

22. We have done shameful things. And we had such hope.

[mbperrin]

23. Good for Kennedy!

Time to get the stink off our country....

[Vinnie From Indy]

24. Truly an important decision!

Many thanks to the judge in the case. He is protecting all of us by upholding the rule of law.

[Igel]

25. Link to the decision.

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv1254-815

The actual discussion of the torture is informative in some ways.

Also interesting is how the judge's wording gives away that he doesn't like having the rules of evidence altered for this kind of case. Given that the executive has been allowed slightly altered rules of evidence, the judge finds it perfectly acceptable to further alter the rules of evidence on an ad hoc basis.

[libodem]

26. Good

:patriot: ....And justice for all.