point was Petitioner transferred to the special camp that was established for

Point was petitioner transferred to the special camp

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point was Petitioner transferred to the special camp that was established for juveniles detained at Guantánamo Bay. Instead—presumably because Petitioner turned sixteen a few weeks before his arrival at Guantánamo—the United States has, since his arrival, consistently treated him as an adult, designating him an “enemy combatant” like the adults held at Guantánamo and detaining him in adult facilities. See note 4 supra ; see also Kuebler Affidavit ¶ 3. In July 2004, in the wake of the Supreme Court’s decision in Rasul v. Bush , 542 U.S. 466 (2004), Petitioner filed a petition for a writ of habeas corpus with this Court, challenging the legality of his detention. In September 2004, the Government brought Petitioner before a CSRT. 6 Contrary to initial accounts, Petitioner was not the sole survivor of a four-hour bombardment of an alleged al-Qaeda compound near Khost, Afghanistan, and therefore necessarily responsible for an alleged grenade attack on U.S. troops. See Daniel LeBlanc, Canadian Implicated in Afghan Firefight , Globe & Mail (Canada), Sept. 10. 2002 (attached to Kuebler Affidavit as Exhibit 3). Instead, he was one of at least two individuals alive when U.S. troops assaulted the compound, and appears to have been sitting, facing away from the fighting, when he was shot in the back. See CITF Report of Investigative Activity (Mar. 17, 2004) at 2 (attached to Kuebler Affidavit as Exhibit 4). And while one U.S. soldier involved in the assault surmised that Petitioner was likely responsible for the grenade attack, see id ., a report prepared the day after the firefight by the on-scene commander states that the combatant responsible for throwing the grenade that fatally wounded a U.S. soldier was himself “killed” by another soldier. See Department of the Army, Memorandum for Commander, AOSO-SF-COB-920 (July 28, 2002) ¶ 2.c (attached to Kuebler Affidavit as Exhibit 5). 7
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Established by Order of the Secretary of Defense, CSRTs have the authority and obligation to determine whether detainees are “enemy combatant[s]” subject to continued detention at Guantánamo Bay. See Department of Defense Order Establishing the Combatant Status Review Tribunal (Deputy Secretary of Defense July 7, 2004) (“July 7 Order”) (attached to Kuebler Affidavit as Exhibit 6); accord Detainee Treatment Act of 2005 (“DTA”), Pub. L. No. 109-148, §1005(e)(2), 119 Stat. 2680, 2742 (codified at 10 U.S.C. § 801 note (supp. 2007)). Petitioner’s CSRT concluded that Petitioner was “properly designated as an enemy combatant” based solely on the fact that he was “a member of, or affiliated with al-Qaida as more fully discussed in the [mostly Confidential] enclosures.” Combatant Status Review Tribunal Decision Report Cover Sheet (“CSRT Cover Sheet”) at ¶ 3 (attached to Kuebler Affidavit as Exhibit 7). 7 The unclassified summary of the CSRT’s basis for its decision reiterated the conclusion that Petitioner “is a member of, or affiliated with al-Qaida,” and that he was “properly classified as an enemy combatant because he is a member of, or affiliated with al-Qaida.” Unclassified
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  • Summer '16
  • Ramon Wawire
  • Supreme Court of the United States, Habeas corpus, Hamdan v. Rumsfeld, Boumediene v. Bush, military commission

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