Bismullah v. Gates
Encyclopedia
Bismullah v. Gates is a writ of habeas corpus
appeal in the United States Justice System, on behalf of Bismullah -- an Afghan detainee held by the United States
in the Guantanamo Bay detention camps, in Cuba.
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.
for the District of Columbia Circuit
reached a decision in Bismullah v. Gates on July 20, 2007.
The three judge panel ruled that Guantanamo captive's attorneys should be allowed to review all the classified evidence in their client's dossier.
On September 1, 2007 the United States Department of Justice
requested a rehearing en banc
of Bismullah v. Gates.
The Department of Justice's request stated:
Senior members of the US intelligence establishment went on record to support the Department of Justice's request for a re-hearing.
The five senior official filed documents supporting the Department of Justice request on September 7, 2007—six days before the deadline expired.
Two of the five documents were classified secret.
CIA Director Michael V. Hayden wrote:
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...
appeal in the United States Justice System, on behalf of Bismullah -- an Afghan detainee held by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in the Guantanamo Bay detention camps, in Cuba.
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.
Hearing before the DC Court of appeals
The United States Court of AppealsUnited States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
for the District of Columbia Circuit
United 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...
reached a decision in Bismullah v. Gates on July 20, 2007.
The three judge panel ruled that Guantanamo captive's attorneys should be allowed to review all the classified evidence in their client's dossier.
On September 1, 2007 the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
requested a rehearing en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
of Bismullah v. Gates.
The Department of Justice's request stated:
Senior members of the US intelligence establishment went on record to support the Department of Justice's request for a re-hearing.
The five senior official filed documents supporting the Department of Justice request on September 7, 2007—six days before the deadline expired.
Two of the five documents were classified secret.
CIA Director Michael V. Hayden wrote: