IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1554

ERRATA / Notice of Errata Regarding Petitioner's Motion for Appointment of Mohammed Idris as Next Friend, with exhibit by IBRAHIM OSMAN IBRAHIM IDRIS (159 in 1:05-cv-01555-JR, 1543 in 1:08-mc-00442-TFH) Errata, filed by IBRAHIM OSMAN IBRAHIM IDRIS, (158 in 1:05-cv-01555-JR, 1541 in 1:08-mc-00442-TFH) MOTION for Leave to Appear Next Friend filed by IBRAHIM OSMAN IBRAHIM IDRIS. (Cowan, Jennifer)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1554

FILED ELECTRONICALLY

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)

NOTICE OF ERRATA REGARDING PETITONER'S MOTION FOR APPOINTMENT OF MOHAMMED IDRIS AS NEXT FRIEND Petitioner hereby submits a Notice of Errata for the Motion for Appointment of Mohammed Idris as Next Friend filed January 23, 2009. As a result of a typographical error at paragraph 8 of Exhibit C, the date of receipt of the signed Next Friend Authorization form was incorrectly stated as January 15, 2008. The correct date is

Dockets.Justia.com

January 15, 2009. Further, the Motion inadvertently omitted the name of co-counsel Center for Constitutional Rights from the signature block. Petitioner submits as Exhibit 1 the Corrected Motion for Appointment of Mohammed Idris as Next Friend, correcting the typographical error by changing the date from January 15, 2008 to January 15, 2009, and adding the Center for Constitutional Rights to the signature block.

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January 27, 2009

Respectfully submitted, DEBEVOISE & PLIMPTON LLP By: /s/ Jennifer R. Cowan Jennifer R. Cowan 919 Third Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] John B. Missing 555 13th Street, N.W., Suite 1100E Washington, D.C. 20004-1169 Telephone: [phone] Facsimile: [phone] Shayana Kadidal (Bar No. 454248) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 Telephone: [phone] Facsimile: [phone] Counsel for Petitioner Ibrahim Osman Ibrahim Idris

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Exhibit 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA x : : : Misc. No. 08-442 (TFH) : : x : : : : : : : : Civil Action No. 05-1555 (JR) : : : : : : x CORRECTED 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

IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION

IBRAHIM OSMAN IBRAHIM IDRIS, Detainee, Guantánamo Bay Naval Station, Petitioner, v. GEORGE W. BUSH, President of the United States, et al., Respondents.

matter, due to Petitioner's inability to act in his own interests due to mental incapacity.1 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.

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

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January 23, 2009

Respectfully submitted, DEBEVOISE & PLIMPTON LLP By: /s/ Jennifer R. Cowan Jennifer R. Cowan 919 Third Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] John B. Missing 555 13th Street, N.W., Suite 1100E Washington, D.C. 20004-1169 Telephone: [phone] Facsimile: [phone] Shayana Kadidal (Bar No. 454248) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 Telephone: [phone] Facsimile: [phone] Counsel for Petitioner Ibrahim Osman Ibrahim Idris

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IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION

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) : : x : : : : : : : : Civil Action No. 05-1555 (JR) : : : : : : x

PROPOSED ORDER 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 : : : Misc. No. 08-442 (TFH) : : x : : : : : : : : Civil Action No. 05-1555 (JR) : : : : : : x 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

IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION

IBRAHIM OSMAN IBRAHIM IDRIS, Detainee, Guantánamo Bay Naval Station, Petitioner, v. GEORGE W. BUSH, President of the United States, et al., Respondents.

("Debevoise"), counsel for Petitioner Ibrahim Osman Ibrahim Idris in the abovecaptioned 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 Authorization Date: December 16, 2008 I am Mohammed Idris, and I have had the concept of "Next Friend" described to me in my native language. I wish to act as Next Friend to my half brother, Ibrahim Osman Ibrahim Idris, citizen of Sudan who is currently being detained in Guantanamo Bay. I wish to become his Next Friend at this time because I understand that my brother cannot act on his own behalf due to his physical and mental condition. I wish to authorize Jennifer Cowan, Semra Mesulam, and the other attorneys assigned by these lawyers at Debevoise & Plimpton LLP (collectively, "Legal Counsel") to act on my and Ibrahim's behalf in connection with any matter (including the two cases that are currently pending) relating to or arising out of Ibrahim's detention at Guantanamo Bay. I understand that during the course of the representation, Legal Counsel will continue togather documents and other information concerning Ibrahim and pursue litigation on my and Ibrahim's behalf in the courts of the United States or other forums. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Exhibit C UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA x : : : Misc. No. 08-442 (TFH) : : x : : : : : : : : Civil Action No. 05-1555 (JR) : : : : : : x 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,

IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION

IBRAHIM OSMAN IBRAHIM IDRIS, Detainee, Guantánamo Bay Naval Station, Petitioner, v. GEORGE W. BUSH, President of the United States, et al., Respondents.

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. 4. 5. On December 16, 2008, I spoke with Mohammed Idris, by telephone. With the aid of a translator, I explained the concept of a Next Friend. 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, 2009, I received Mohammed Idris's signed Next Friend

Authorization form by DHL. 9. 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