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New Habeas Action Filed for Guantanamo Detainee

From the Center for Constitutional Rights:

Today, the Center for Constitutional Rights (CCR) filed one of the first new habeas corpus petitions since the Supreme Court ruled on June 12 that the men at Guantánamo have the constitutional right to habeas corpus. The petition was filed on behalf of detainee Mohammed Sulaymon Barre, a UN mandate refugee from Somalia protected by the United Nations High Commissioner for Refugees (UNHCR).

In related news, the CCR, Amnesty International and other groups are challenging the CIA's refusal to release documents about its secret prisons and detention program, alleging a cover-up: [More...]

The Central Intelligence Agency (CIA) must no longer be allowed to use classification arguments in its attempts to prevent the disclosure of illegal or embarrassing conduct in its secret detention, torture, and rendition programs, three prominent human rights groups said today. The statement came just hours after they collectively filed a motion to require the CIA to make certain information public and to provide more details about all the documents withheld.

The groups—Amnesty International USA (AIUSA), the Center for Constitutional Rights (CCR), and the International Human Rights Clinic at NYU School of Law (NYU IHRC)—filed the motion on the evening of June 25th, 2008 in the Southern District of New York, where the case is being heard. The lawsuit was filed in June 2007 under the Freedom of Information Act (FOIA), after repeated attempts to obtain information from the CIA had failed.

< David Addington and John Yoo Testify on Torture | Federal Judge: Government Need Not Disclose Spying on Attorney-Client Conversations at Gitmo >
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    And who is going to stand for their bail?? (none / 0) (#1)
    by jimakaPPJ on Thu Jun 26, 2008 at 07:41:54 PM EST


    You again confuse Habeus corpus and bail (none / 0) (#2)
    by Dark Avenger on Thu Jun 26, 2008 at 08:08:33 PM EST
    so this is for you:

    Habeas corpus:

    Habeas corpus' (IPA: ˈheɪbiəs ˈkɔɹpəs) (Latin: [We command] that you have the body)[1] is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of himself or another person. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.

    Also known as "The Great Writ," a writ of habeas corpus ad subjiciendum is a summons with the force of a court order addressed to the custodian (such as a prison official) demanding that a prisoner be brought before the court, together with proof of authority, allowing the court to determine whether that custodian has lawful authority to hold that person, or, if not, the person should be released from custody. The prisoner, or another person on their behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.

    Bail:

    Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear). In most cases bail money will be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused. In some countries granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Countries without bail imprison the suspect before the trial only if deemed necessary.

    Thanks for the giggles, PPJ, and if you find this post annoying

    TTFN


    Gallows Humor? (none / 0) (#3)
    by CoralGables on Thu Jun 26, 2008 at 08:58:07 PM EST
    There actually is a bit of non-intended humor in AI's complaint. I couldn't help but smile that they allege a cover up with regard to secret prisons.