IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1541

MOTION for Leave to Appear Next Friend //Motion for Appointment of Mohammed Idris as Next Friend, with exhibits, with (Proposed) Order by IBRAHIM OSMAN IBRAHIM IDRIS (Cowan, Jennifer)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1541

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________x : IN RE: GUANTÁNAMO BAY : DETAINEE LITIGATION : : : __________________________________________x : IBRAHIM OSMAN IBRAHIM IDRIS, : Detainee, Guantánamo Bay Naval Station, : : Petitioner, : : v. : : GEORGE W. BUSH, : President of the United States, et al., : : Respondents. : : : : __________________________________________x

Misc. No. 08-442 (TFH)

Civil Action No. 05-1555 (JR)

MOTION FOR APPOINTMENT OF MOHAMMED IDRIS AS NEXT FRIEND Counsel for Petitioner Ibrahim Osman Ibrahim Idris, a detainee at the United States Naval Station at Guantanamo Bay, Cuba ("Guantánamo"), hereby move for an order appointing his brother, Mohammed Idris, as Next Friend in the above-captioned matter, due to Petitioner's inability to act in his own interests due to mental incapacity.1

1

Counsel for Petitioner have conferred with counsel for the government, and they have declined to consent to the requested relief.

Dockets.Justia.com

As described in the declaration of Jennifer R. Cowan, attached hereto as Exhibit A, Petitioner is suffering from mental illness and has become completely noncommunicative and therefore unable to act in his own self-interest. Counsel have been unable to meet with Petitioner for several months but understand that his mental illness is continuing. Due to the circumstances of Petitioner's detention, he has not been examined by an independent licensed medical professional in order to ascertain his mental capacity. The declaration of Jennifer R. Cowan sets forth the factual basis for a finding of his mental incapacity. Mohammed Idris, the proposed Next Friend, has served as counsel's principal contact with Petitioner's family throughout their representation of Petitioner and is a proper and responsible person to be appointed as Next Friend. He has consented in writing to act as Next Friend in any matter relating to or arising out of Petitioner's detention at Guantánamo. See Next Friend Authorization and Translation, attached as Exhibit B hereto. Declaration of Semra A. Mesulam, attached as Exhibit C hereto.

2

Dated: January 23, 2009

Respectfully submitted,

/s/ Jennifer R. Cowan___ Jennifer R. Cowan DEBEVOISE & PLIMPTON LLP 919 Third Avenue New York, New York 10022 Telephone: [phone] Facsimile: [phone] John B. Missing (Bar No. 425469) DEBEVOISE & PLIMPTON LLP 555 13th Street, N.W. Washington, D.C. 20004-1169 Telephone: [phone] Fax: [phone]

3

__________________________________________x : IN RE: GUANTÁNAMO BAY : DETAINEE LITIGATION : : : __________________________________________x : IBRAHIM OSMAN IBRAHIM IDRIS, : Detainee, Guantánamo Bay Naval Station, : : Petitioner, : : v. : : GEORGE W. BUSH, : President of the United States, et al., : : Respondents. : : : : __________________________________________x PROPOSED ORDER

Misc. No. 08-442 (TFH)

Civil Action No. 05-1555 (JR)

It is hereby ORDERED that the Motion for Appointment of Mohammed Idris as Next Friend filed by Petitioner in the above-captioned cases on January 23, 2009 is GRANTED. Date: __________________________________________ United States District Judge James Robertson

Exhibit A

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________x : IN RE: GUANTÁNAMO BAY : DETAINEE LITIGATION : : : __________________________________________x : IBRAHIM OSMAN IBRAHIM IDRIS, : Detainee, Guantánamo Bay Naval Station, : : Petitioner, : : v. : : GEORGE W. BUSH, : President of the United States, et al., : : Respondents. : : : : : __________________________________________x

Misc. No. 08-442 (TFH)

Civil Action No. 05-1555 (JR)

DECLARATION OF JENNIFER S. COWAN, ESQ. IN SUPPORT OF MOTION FOR APPOINTMENT OF MOHAMMED IDRIS AS NEXT FRIEND I, Jennifer R. Cowan, declare as follows: 1. I am Counsel with the law firm of Debevoise & Plimpton LLP

("Debevoise"), counsel for Petitioner Ibrahim Osman Ibrahim Idris in the above-

captioned matter. This declaration is based on personal knowledge and is intended to put before the Court certain facts in support of Petitioner's Motion for Appointment of Mohammed Idris as Next Friend. 2. We have represented Petitioner since November 9, 2005. During the

course of the representation, Debevoise attorneys have met with him twelve times. For most of that time, we had a good, communicative relationship with Petitioner. In the past months, however, Petitioner's mental status has declined to the point where he cannot act in his own interests. 3. On July 16, 2008, co-counsel and I met with Petitioner at the secure

facilities of Guantánamo Bay Naval Station. Petitioner did not speak to us at this time. He did not respond to any of our questions or discussions of his family. Throughout our visit, Petitioner was in a nearly catatonic state. 4. On October 29, 2008, I met with another detainee client, who told me that

between July and October, Petitioner had been moved from Camp 4 (one of the least restrictive of the prison camps at Guantánamo), to another location because of his refusal to speak and his deteriorating mental condition. 5. Also on October 29, 2008, a different detainee client informed another

Debevoise attorney that Petitioner had been moved from Camp 4 to Camp 6 (the most restrictive of the prison camps at Guantánamo) and had not spoken since he arrived in Camp 6, a period that we understand to be at least several weeks. Petitioner's communication as of October 29, 2008 was limited to pointing to indicate when he wished to take a shower.

6.

Based on the above, it is our belief that Petitioner Ibrahim Osman Ibrahim

Idris is not presently competent to make decisions on his own behalf for purposes of this litigation.

I declare under penalty of perjury that the foregoing is true and correct. Executed in New York, New York this 23rd day of January, 2009.

/s/ Jennifer R. Cowan Jennifer R. Cowan

Exhibit B

Exhibit C

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________x : IN RE: GUANTÁNAMO BAY : DETAINEE LITIGATION : : : __________________________________________x : IBRAHIM OSMAN IBRAHIM IDRIS, : Detainee, Guantánamo Bay Naval Station, : : Petitioner, : : v. : : GEORGE W. BUSH, : President of the United States, et al., : : Respondents. : : : : : __________________________________________x

Misc. No. 08-442 (TFH)

Civil Action No. 05-1555 (JR)

DECLARATION OF SEMRA A. MESULAM, ESQ. IN SUPPORT OF MOTION FOR APPOINTMENT OF MOHAMMED IDRIS AS NEXT FRIEND I, Semra A. Mesulam, declare as follows:

1.

I am an Associate with the law firm of Debevoise & Plimpton LLP,

attorneys for petitioner Ibrahim Osman Ibrahim Idris in the above-captioned matter. This declaration is based on personal knowledge and is intended to put before the Court certain facts in support of Petitioner's Motion for Appointment of Mohammed Idris as Next Friend.

2.

Since September 2007, I have been in regular telephone contact with

Mohammed Idris, brother of Petitioner Ibrahim Osman Ibrahim Idris. He has been consistently easy to reach by telephone.

3.

On December 16, 2008, I spoke with Mohammed Idris, by telephone.

4.

With the aid of a translator, I explained the concept of a Next Friend.

5.

Mohammed Idris clearly indicated that he understood the responsibility of

serving as a Next Friend, and stated that he was willing and able to serve in that capacity for his half-brother, Ibrahim Osman Ibrahim Idris.

6.

Mohammed Idris stated further that he is willing to speak with us regularly

on behalf of Petitioner, going forward.

7.

On December 22, 2008, I sent a Next Friend Authorization form to

Mohammed Idris by United States Postal Service Express.

8.

On January 15, 2008, I received Mohammed Idris's signed Next Friend

Authorization form by DHL.

I declare under penalty of perjury that the foregoing is true and correct. Executed in New York, New York this 23rd day of January, 2009.

/s/ Semra A. Mesulam Semra A. Mesulam