Judge Denies Bagram Detainees Access to Courts
The U.S. Court of Appeals for the District of Columbia today reversed a trial court decision by Judge John Bates, a Bush appointee, and ruled that three detainees who have been held at Bagram AFB in Afghanistan without charges since 2002-2003, are not allowed to bring a habeas corpus action seeking release in U.S. courts. The opinion is here.
Judge Bates ruled in April, 2009 that there was no difference between those held at Bagram and those held at Guantanamo. His decision applied only to about a dozen detainees who were non-Afghans captured outside Afghanistan.
The three men in the case are a Tunisian man who says he was captured in Pakistan in 2002, and two from Yemen. One says he was captured in Thailand in 2002, and the other says he was detained in 2003 also outside Afghanistan.
The Appeals court based its ruling on the fact that "Bagram was on the sovereign territory of another government" and “pragmatic obstacles” of giving hearings to detainees “in an active theater of war.” [More....]
|< House Committee Approves Bill Blocking Gitmo in Illinois | NY Judge Rejects Mandatory Minimum in Child P*rn Case >|