Yasim Muhammed Basardah
Encyclopedia
Yasim Muhammed Basardah is a citizen of Yemen
who was unlawfully detained in the United States
's Guantanamo Bay detention camps, in Cuba
.
His Guantanamo Internment Serial Number is 252. Basardah was an informant for the interrogators in Guantanamo where he was rewarded with his own cell, McDonald's apple pies, chewing tobacco, a truck magazine and other "comfort items".
petition filed on his behalf.
In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.
His documents were not among those the Department of Defense published.
passed the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006
. Both these Acts included provisions to close of Guantanamo captives' ability to file habeas corpus petitions.
The Detainee Treatment Act included a provision to proscribe Guantanamo captives who had not already initiated a habeas corpus petition from initiating new habeas corpus petitions.
The Act included provision for an alternate, more limited form of appeal for captives. Captives were allowed to submit limited appeals to panels of three judges in a Washington DC appeals court. The appeals were limited—they could not be based on general principles of human rights. They could only be based on arguments that their Combatant Status Review Tribunal
had not followed the rules laid out for the operation of Combatant Status Review Tribunals.
Nine months later Congress passed the Military Commissions Act.
This Act contained provision to close off all the remaining outstanding habeas corpus petitions. After the closure of the habeas corpus petitions some Guantanamo captives had appeals in the Washington DC court submitted on their behalf, as described in the Detainee Treatment Act.
The DTA appeals progressed very slowly.
Initially the Department of Justice argued that the captive's lawyers, and the judges on the panel, needed consider no more evidence than the "Summary of Evidence memos"
prepared for the captives' CSR Tribunals. By September 2007 the Washington DC court ruled that the evidence that formed the basis of the summaries had to be made available.
The Administration then argued that it was not possible to present the evidence the Tribunals considered in 2004—because the evidence had not been preserved.
Only one captive, a Uyghur captive named Hufaiza Parhat, had his DTA appeal run to completion. On June 20, 2008 his three judge panel concluded that his Tribunal had erred and that he never should have been confirmed as an enemy combatant
.
, that the Military Commissions Act
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
was suspended by the panel of the U.S. Court of Appeals for the D.C. Circuit examining his case.
On 5 November 2008 the panel suspended his appeal on jurisdictional grounds.
The panel wrote that when Congress passed the Detainee Treatment Act,
stripping captives of the right to habeas corpus, they didn't anticipate
that the Supreme Court would restore it, and that it was a mistake to
proceed on two separate mechanisms for proceeding towards the same end.
Lyle Denniston
, writing in Scotusblog
, commented that this ruling implied that DTA appeals were closed for all future petitioners.
He speculated that the other 190 outstanding DTA appeals would regard it as a precedent.
Denniston wrote that Basardah had been waiting for his DTA appeal, 07-cv-1192, to be heard since June 2007.
, author of The Guantanamo Files, reported that
Saba News was reporting Yasin had been transferred to Spain
.
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
who was unlawfully detained in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
's 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...
.
His Guantanamo Internment Serial Number is 252. Basardah was an informant for the interrogators in Guantanamo where he was rewarded with his own cell, McDonald's apple pies, chewing tobacco, a truck magazine and other "comfort items".
Habeas corpus appeal, and appeal under the Detainee Treatment Act
Yasim Muhammed Basardah had a habeas corpusHabeas 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...
petition filed on his behalf.
In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.
His documents were not among those the Department of Defense published.
The Detainee Treatment Act and Military Commissions Act
The United States CongressUnited 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....
passed the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
. Both these Acts included provisions to close of Guantanamo captives' ability to file habeas corpus petitions.
The Detainee Treatment Act included a provision to proscribe Guantanamo captives who had not already initiated a habeas corpus petition from initiating new habeas corpus petitions.
The Act included provision for an alternate, more limited form of appeal for captives. Captives were allowed to submit limited appeals to panels of three judges in a Washington DC appeals court. The appeals were limited—they could not be based on general principles of human rights. They could only be based on arguments that their Combatant Status Review Tribunal
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...
had not followed the rules laid out for the operation of Combatant Status Review Tribunals.
Nine months later Congress passed the Military Commissions Act.
This Act contained provision to close off all the remaining outstanding habeas corpus petitions. After the closure of the habeas corpus petitions some Guantanamo captives had appeals in the Washington DC court submitted on their behalf, as described in the Detainee Treatment Act.
The DTA appeals progressed very slowly.
Initially the Department of Justice argued that the captive's lawyers, and the judges on the panel, needed consider no more evidence than the "Summary of Evidence memos"
Summary of Evidence (CSRT)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Combatant Status Review Tribunals of the 558 captives who remained in the Guantanamo Bay detention camps, in Cuba in the fall of 2004.-The 2005 release:...
prepared for the captives' CSR Tribunals. By September 2007 the Washington DC court ruled that the evidence that formed the basis of the summaries had to be made available.
The Administration then argued that it was not possible to present the evidence the Tribunals considered in 2004—because the evidence had not been preserved.
Only one captive, a Uyghur captive named Hufaiza Parhat, had his DTA appeal run to completion. On June 20, 2008 his three judge panel concluded that his Tribunal had erred and that he never should have been confirmed as an enemy combatant
Nlec
No Longer Enemy Combatant, is a U.S. military term for Guantanamo detainees whose Combatant Status Review Tribunal determined they have not been classified as "enemy combatants".Thirty-eight detainees were finally classified as "NLECs"....
.
Boumediene v. Bush
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. BushBoumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".
Basardah's appeal under the DTA
Basardah's appeal under the DTAwas suspended by the panel of the U.S. Court of Appeals for the D.C. Circuit examining his case.
On 5 November 2008 the panel suspended his appeal on jurisdictional grounds.
The panel wrote that when Congress passed the Detainee Treatment Act,
stripping captives of the right to habeas corpus, they didn't anticipate
that the Supreme Court would restore it, and that it was a mistake to
proceed on two separate mechanisms for proceeding towards the same end.
Lyle Denniston
Lyle Denniston
Lyle Denniston is an American legal journalist, professor, and author, who has reported on the Supreme Court of the United States for 51 years. He currently writes for SCOTUSblog, an online blog featuring news and analysis of the Supreme Court, though in the past he has written for the Wall Street...
, writing in Scotusblog
SCOTUSblog
SCOTUSblog is a law blog written by lawyers and law students about the Supreme Court of the United States . The blog is sponsored by Bloomberg Law. The blog's first post occurred October 1, 2002. The blog moved to its current address on February 7, 2005. In the same year, it was featured by...
, commented that this ruling implied that DTA appeals were closed for all future petitioners.
He speculated that the other 190 outstanding DTA appeals would regard it as a precedent.
Denniston wrote that Basardah had been waiting for his DTA appeal, 07-cv-1192, to be heard since June 2007.
Asylum in Spain
On May 19, 2010, historian Andy WorthingtonAndy Worthington
Andy Worthington is a British historian, journalist, and film director.He has published three books, and been published in numerous publications.In 2009 Worthington was the co-director of a documentary about the Guantanamo detainees....
, author of The Guantanamo Files, reported that
Saba News was reporting Yasin had been transferred to Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
.
External links
- Guantánamo And The Courts (Part Two): Obama’s Shame Andy WorthingtonAndy WorthingtonAndy Worthington is a British historian, journalist, and film director.He has published three books, and been published in numerous publications.In 2009 Worthington was the co-director of a documentary about the Guantanamo detainees....
November 8, 2009 - Judge Ellen Huvelle’s unclassified opinion
- Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)