But none of this happened Instead Petitioner has for the past six years been

But none of this happened instead petitioner has for

This preview shows page 2 - 4 out of 45 pages.

But none of this happened. Instead, Petitioner has, for the past six years, been detained as an adult. He has never been purposely segregated from the adult population at Guantánamo, but rather has been kept in detention together with adult detainees. Far from being designed to rehabilitate Petitioner and reintegrate him into society, the Government’s actions have exposed Petitioner to harsh interrogation techniques and other treatment wholly inappropriate for juveniles, and risked radicalizing Petitioner by subjecting him to the influence of hardened adult members of terrorist organizations. 3 The proceedings before the MCA military commission are, 2 G.A. Res. 54/263, U.N. Doc. A/RES/54/263, Annex I (May 25, 2000), entered into force Feb. 12, 2002 (“Child Soldier Protocol”). 3 Nonetheless, according to the Canadian government lawyers sent monthly to check on his welfare, military personnel at Guantánamo continue to describe Petitioner as “non-radicalized,” a “good kid,” and “salvageable,” so long as he is “removed as soon as possible from exposure to radicalizing forces surrounding him in the form of certain other detainees.” Report of Welfare Visit with [O.K.], May 7, 8 & 9, 2008 at 1, 6 (attached as Exhibit 1 to the Affidavit of William C. Kuebler dated August 20, 2008 (“Kuebler Affidavit”)). 2
Image of page 2
similarly, adult proceedings that make no provision for Petitioner’s juvenile status (and, as a result, threaten to cause him further psychological harm). Moreover, Petitioner’s military commission has no obligation, and may not even have the authority, to impose a juvenile- appropriate sentence focused on rehabilitation and reintegration. In short, despite the clarity of the United States’ legal obligations toward juveniles detained in armed conflict, and despite its international pronouncements and commitments on this issue, Petitioner’s treatment from the start has flagrantly violated all applicable norms and laws regarding the treatment of juveniles in Government detention. This Court should therefore grant Petitioner’s Motion for judgment on the pleadings (or, in the alternative, summary judgment), issue a writ of habeas corpus, and enter appropriate relief releasing Petitioner from all unlawful forms of custody and jurisdiction. Specifically, Petitioner’s treatment has been not simply misguided but also illegal in at least three distinct respects, each of which entitles Petitioner to a specific form of relief. First , Petitioner’s impending trial before an MCA military commission and his detention in anticipation of that trial violate U.S. law, because the MCA does not confer personal jurisdiction to try juveniles. Unlike, for example, the SCSL Statute or the JDA, the MCA does not expressly confer jurisdiction over juveniles, or establish appropriately designed procedures for the exercise of that jurisdiction. And construing the MCA to have implicitly granted juvenile jurisdiction would violate basic canons of statutory interpretation: it would contradict long-standing military
Image of page 3
Image of page 4

You've reached the end of your free preview.

Want to read all 45 pages?

  • Summer '16
  • Ramon Wawire
  • Supreme Court of the United States, Habeas corpus, Hamdan v. Rumsfeld, Boumediene v. Bush, military commission

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors