Article

2016-12-22 Home Front: WoT

Gitmo Detainee, Held Since 2001, Challenges ‘Indefinite’ Detention In Court

[BUZZFEED] Jan. 16, 2017, will mark Moath al-Alwi’s 15th anniversary as a detainee at Guantánamo Bay. His lawyer argued in court this week that his continued "indefinite" imprisonment is unlawful.

Al-Alwi is one of 59 detainees still held at Guantánamo Bay. Pak authorities turned him over to the US in late 2001 on suspicion of ties to al Qaeda and the Taliban. The B.O. regime recently moved ahead with plans to transfer out another 17 or 18 detainees, according to The New York Times
...which still proudly displays Walter Duranty's Pulitzer prize...
, but in the meantime al-Alwi is challenging his detention in court.

Al-Alwi’s attorneys say that the nature of the conflict in Afghanistan in 2016 is so different from when he was captured 15 years ago and detained as an enemy combatant that the United States no longer has legal authority to hold him.

Guantánamo Bay detainees have so far unsuccessfully tried to convince judges that President B.O.’s public statements in 2014 and 2015 that the US combat mission in Afghanistan was over meant that they should be released. Three federal judges in Washington rejected variations of this argument, finding that there are still "active hostilities" in Afghanistan that give the US legal authority to hold enemy combatants.

Al-Alwi’s lawyers are hoping for a different outcome before the latest judge to consider the argument, US District Judge Richard Leon, who heard arguments on Tuesday on the government’ s request to dismiss al-Alwi’s case.

Leon ruled in 2008 that al-Alwi’s detention was lawful given evidence of his ties to al Qaeda and the Taliban. The judge on Tuesday expressed doubts about al-Alwi’s latest challenge and questioned whether it was Congress’ job, and not the courts’, to decide how to handle detentions if US anti-terrorism efforts continued without a definite end date.

Posted by Fred 2016-12-22 00:00|| || Front Page|| [11133 views ] Top
File under: al-Qaeda

#1 VKM

Posted by Shipman 2016-12-22 10:09|| 2016-12-22 10:09|| Front Page Top

#2 "We went to his cell to release him but discovered he had committed suicide. He swallowed his elbow"

Posted by Frank G 2016-12-22 10:12|| 2016-12-22 10:12|| Front Page Top

#3 As I understand the Geneva Convention, and illegal combatant can be given a court martial and then executed if found guilty. Only various elements in the US insisted that the prisoners in Gitmo be given the rights and privileges of POWs.

Posted by Rambler in Virginia 2016-12-22 12:07|| 2016-12-22 12:07|| Front Page Top

#4 As I understand the Geneva Convention, and illegal combatant can be given a court martial and then executed if found guilty.

It calls for combatants to have identifiable uniform or markings to distinguish them from civilians. Failure to do so makes one an 'illegal combatant' not protected by the Convention. The CM can be held in country and punishment carried out as Skorzeny's boys found out in Belgium. However, these miscreants were deemed more important for intel than being dealt with as illegal combatants. It's like not Mirandizing a perp, you believe the info is more important than the individual. See - time bomb, kidnapping, et al

Posted by Procopius2k 2016-12-22 12:24|| 2016-12-22 12:24|| Front Page Top

#5 In fact by extending GC protections to illegal combatants, as we do in far too many places, you place your own soldiers in danger because now your [future] enemy has no compulsion to follow the GC with your soldiers.

Posted by CrazyFool 2016-12-22 12:46|| 2016-12-22 12:46|| Front Page Top

#6 Just shoot the cocksucker.

Posted by Raj 2016-12-22 13:12|| 2016-12-22 13:12|| Front Page Top

#7 That's what the abbreviation VKM means Raj, Stalins favorite 3 letters.

Posted by Shipman 2016-12-22 17:21|| 2016-12-22 17:21|| Front Page Top

#8 POW is commonly held until eh end of the war. Perhaps they should take it up with Al Queda and convince them to declare peace.

Posted by rjschwarz 2016-12-22 20:21|| 2016-12-22 20:21|| Front Page Top

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