Friday, April 03, 2009

Right to Habeas Extends into Afghanistan

It seems ages since Boumediene v. Bush was handed down, holding that the prisoners held at Guantanamo Bay had a right to petition for habeas corpus in federal civilian courts. But yesterday, the decision was the basis for a significant ripple in federal jurisprudence. Yesterday, a federal judge determined that, under the rationale used in Boumediene, detainees that are being held at Bagram Afghanistan also have a right to petition for the great writ.

Well, not everybody. It turns out that Bagram has become a sort of terrorist holding tank for prisoners picked up all over the region, not just in Afghanistan. The judge ruled that the writ extends to prisoners who are NOT Afgahn nationals. So the decision concluded that three of the four (two Yemenis and a Tunisian) have a right to file habeas petitions, but due to possible friction with the host country, the Afghan does not.

NYT Article


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