Parhat v. Gates, 532 F.3d 834 (D.C. Cir. 2008),[1] was a case involving a petition for review under the Detainee Treatment Act of 2005 filed on behalf of Huzaifa Parhat, and sixteen other Uyghur detainees held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[2][3][4][5]
| Parhat v. Gates | |
|---|---|
| Court | United States Court of Appeals for the District of Columbia Circuit |
| Full case name | Huzaifa Parhat v. Robert M. Gates, Secretary of Defense, et al. |
| Argued | April 4, 2008 |
| Decided | June 20, 2008 |
| Citation | 532 F.3d 834 |
| Court membership | |
| Judges sitting | David B. Sentelle, Merrick Garland, Thomas B. Griffith |
| Case opinions | |
| Majority | Garland, joined by a unanimous court |
Rasul v. Bush
editInitially, the Bush Presidency asserted 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
editSusan Baker Manning, one of Parhat's attorneys, commented:[6]
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.
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.[7][8][9] 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 a 39-page opinion, written by Circuit Judge Garland.[10][11][12] The ruling was published with a limited number of redactions.
See also
editReferences
edit- ^ Parhat v. Gates, 532 F.3d 834 (D.C. Cir. 2008).
- ^ Lyle Denniston (May 10, 2007). "New developments on detainees". Scotusblog. Archived from the original on 2007-09-07. Retrieved 2007-09-18.
- ^ "Order list: 551 U.S." (PDF). Supreme Court of the United States. June 29, 2007. Retrieved 2008-01-07.
- ^ "Nos. 06-1195 and 06-1196 -- In the Supreme Court of the United States" (PDF). Supreme Court of the United States. March 2007. Retrieved 2008-01-05.
- ^ "Nos. 06-1195 and 06-1196 -- In the Supreme Court of the United States" (PDF). Supreme Court of the United States. June 2007. Archived from the original (PDF) on 2009-03-27. Retrieved 2008-01-05.
- ^ William Glaberson (September 12, 2007). "Officials Cite Danger in Revealing Detainee Data". New York Times. p. A18. Retrieved 2007-09-12.
- ^ James Vicini (June 23, 2008). "Appeals court rules for Guantanamo prisoner". Washington Post. Archived from the original on June 23, 2008. Retrieved 2008-06-23.
- ^ "In first, court rejects military's ruling in Guantanamo case". McClatchy News Service. June 23, 2008. Archived from the original on June 28, 2008. Retrieved 2008-06-23.
- ^ "US appeals court rejects classification of Chinese Muslim as an enemy combatant". International Herald Tribune. June 23, 2008. Retrieved 2008-06-23.
- ^ Mike Nizza (2008-06-30). "Snark Injection for Guantanamo Trial". New York Times. Retrieved 2008-06-30.
- ^ Merrick B. Garland (2008-06-30). "Huzaifa Parhat v. Gates" (PDF). United States Department of Justice. Retrieved 2008-06-30.
- ^ William Glaberson (2008-06-30). "Court Is Skeptical of U.S. Evidence in Guantánamo Case". New York Times. Retrieved 2008-06-30.
External links
edit
Works related to Hufaiza Parhat, et al., v. Robert M. Gates, et al., Petitioners' motion for entry of protective order, December 18, 2006 at Wikisource- Works related to Hufaiza Parhat v. Robert M. Gates -- decided June 20, 2008 at Wikisource
- Text of Parhat v. Gates, 532 F.3d 834 (D.C. Cir. 2008) is available from: CourtListener Findlaw Google Scholar Leagle
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