Parhat v. Gates
Encyclopedia
Parhat v. Gates No. 06-1397 (D.C. Cir.) is a petition for review under the Detainee Treatment Act of 2005 filed on behalf of Hozaifa Parhat
, and six other Uyghur
detainees held in extrajudicial detention
in the United States
Guantanamo Bay detention camps, in Cuba.
Susan Baker Manning, one of Parhat's attorneys, commented:
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.
announced its decision of three days earlier overturning the determination of Parhat's Combatant Status Review Tribunal.
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.
The ruling was published with a limited number of redactions.
Hozaifa Parhat
-Transcript:Parhat chose to participate in his Combatant Status Review Tribunal.On March 3, 2006, in response to a court order from Judge Jed Rakoff, the Department of Defense published a ten page summarized transcript from his Combatant Status Review Tribunal....
, and six other Uyghur
Uyghur people
The Uyghur are a Turkic ethnic group living in Eastern and Central Asia. Today, Uyghurs live primarily in the Xinjiang Uyghur Autonomous Region in the People's Republic of China...
detainees held in extrajudicial detention
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 United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detention camps, in Cuba.
Susan Baker Manning, one of Parhat's attorneys, commented:
Rasul v. Bush
Initially, the BushGeorge 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
asserted that none of the captives apprehended during the "global war on terror
War on Terrorism
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
" were protected by 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...
. The Bush Presidency asserted that the Guantanamo Bay Naval Base
Guantanamo Bay Naval Base
Guantanamo Bay Naval Base is located on of land and water at Guantánamo Bay, Cuba which the United States leased for use as a coaling station following the Cuban-American Treaty of 1903. The base is located on the shore of Guantánamo Bay at the southeastern end of Cuba. It is the oldest overseas...
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
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 the Guantanamo base was covered by US law.
Appeal under the Detainee Treatment Act
On Monday June 23, 2008, a three-judge panel of the U.S. Court of Appeals for the D.C. CircuitUnited States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
announced its decision of three days earlier overturning the determination of Parhat's Combatant Status Review Tribunal.
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.
The ruling was published with a limited number of redactions.