Celikgogus v. Rumsfeld
Encyclopedia
Several captives released from extrajudicial detention
in the Guantanamo Bay detention camps, in Cuba
have filed a lawsuit against the USA for their detention -- Celikgogus v. Rumsfeld.
has held 778 captives in extrajudicial detention in a camp in its offshore Naval Base Guantanamo. It was the position of the Bush
Presidency that the President could authorize the detention of captives apprehended in Afghanistan
while withholding from them the protections of the Geneva Conventions
. Further, the Presidency asserted, that since the base in Guantanamo was not officially part of the USA, captives held there were not protected by US domestic law either. Finally, the Presidency asserted that the President had the authority to set up military commissions
.
The Guantanamo camp was opened on January 11, 2008, and 780 captives have been held there. As of May 2008 approximately 260 captive remain.
In June 2004 the Supreme Court of the United States
ruled, in Rasul v. Bush
, that Guantanamo captives were entitled to access the US justice system. Specifically, they were entitled to submit habeas corpus
petitions. And they were entitled to an opportunity to hear and challenge the allegations that had led to their detention.
In 2006 the Supreme Court ruled, in Hamdam v. Rumsfeld, that the President lacked the constitutional authority
to set up military commissions. The ruling clarified that only the Congress
had the authority to set up military commissions.
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...
in the Guantanamo Bay detention camps, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
have filed a lawsuit against the USA for their detention -- Celikgogus v. Rumsfeld.
History of the extrajudicial detention of alleged combatants in Guantanamo
The United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
has held 778 captives in extrajudicial detention in a camp in its offshore Naval Base Guantanamo. It was the position of the Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
Presidency that the President could authorize the detention of captives apprehended in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
while withholding from them the protections of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
. Further, the Presidency asserted, that since the base in Guantanamo was not officially part of the USA, captives held there were not protected by US domestic law either. Finally, the Presidency asserted that the President had the authority to set up military commissions
Guantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
.
The Guantanamo camp was opened on January 11, 2008, and 780 captives have been held there. As of May 2008 approximately 260 captive remain.
In June 2004 the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled, in Rasul v. Bush
Rasul v. Bush
Rasul v. Bush, 542 U.S. 466 , is a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals held in Guantanamo Bay were wrongfully imprisoned...
, that Guantanamo captives were entitled to access the US justice system. Specifically, they were entitled to submit habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petitions. And they were entitled to an opportunity to hear and challenge the allegations that had led to their detention.
In 2006 the Supreme Court ruled, in Hamdam v. Rumsfeld, that the President lacked the constitutional authority
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
to set up military commissions. The ruling clarified that only the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had the authority to set up military commissions.
Plaintiffs
| Yuksel Celikgogus |
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| Ibrahim Sen |
Turkey Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe... citizen, transferred from Guantanamo on November 22, 2003. Defense Intelligence Agency The Defense Intelligence Agency is a member of the Intelligence Community of the United States, and is the central producer and manager of military intelligence for the United States Department of Defense, employing over 16,500 U.S. military and civilian employees worldwide... characterizes Sen as someone who has "returned to terrorism". They assert:
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| Nuri Mert |
|
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| Zakirjan Hasam |
Combatant Status Review Tribunal The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense... determined he was not an "enemy combatant Enemy combatant Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an... " after all. Albania Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea... n refugee camp. |
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| "Abu Muhammad" Fethi Boucetta -Determined not to have been an Enemy Combatant:The Washington Post reports that Boucetta was one of 38 detainees who was determined not to have been an enemy combatant during his Combatant Status Review Tribunal.They report that Boucetta has been released.... |
Algeria Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab... n refugee, who had fled political unrest in Algeria. Combatant Status Review Tribunal The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense... determined he was not an "enemy combatant Enemy combatant Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an... " after all. Albania Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea... n refugee camp. |
Preliminary statements
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