IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 570

NOTICE of Authorization of Counsel by ABDU AL QADER HUSSAIN AL-MUDAFARI, SALIEH HUSSAIN ALI AL-MUDAFARI re (210 in 1:08-mc-00442-TFH) Order (Cowan, Jennifer)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 570

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN RE: Misc. No. 08-442 (TFH) GUANTANAMO BAY DETAINEE LITIGATION Civil Action No. 05-2185 (JR)

NOTICE OF AUTHORIZATION Pursuant to the Court's July 29, 2008 Order (misc. no. 08-442, dkt. no. 210), counsel for Petitioner Hussain Al-Mudafari ("Petitioner") and his next friend Salieh Hussain Ali AlMudafari respectfully submit this notice of authorization of counsel. Pursuant to 28 U.S.C. § 2242, counsel is authorized to represent Petitioner by his next friend. His next friend is Petitioner's brother, has a significant relationship with him, and is truly dedicated to his best interests.

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In lieu of written authorization, we submit the declaration of Jennifer R. Cowan, which is attached hereto as Exhibit 1. September 29, 2008 Respectfully submitted, DEBEVOISE & PLIMPTON LLP _/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. Washington, DC 20004 Telephone: [phone] Facsimile: [phone] Shayana Kadidal (Bar No. 454248) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 Tel: [phone] Fax: [phone] Counsel for Petitioners Abdu Al-Qader Hussain Al-Mudafari and Next Friend Salieh Hussain Ali Al-Mudafari

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EXHIBIT 1

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN RE: Misc. No. 08-442 (TFH) GUANTANAMO BAY DETAINEE LITIGATION Civil Action No. 05-2185 (JR)

DECLARATION OF JENNIFER R. COWAN I, Jennifer R. Cowan, pursuant to 28 U.S.C. § 1746, declare the following: 1. I am counsel with the law firm of Debevoise & Plimpton LLP. Debevoise

provides pro bono representation to several men who are detained by the United States at the United States Naval Base at Guantanamo Bay, Cuba ("Guantanamo"), including Petitioner Abdu Al-Qader Hussain Al-Mudafari ("Petitioner") and his brother and next friend Salieh Hussain Ali Al-Mudafari ("Salieh"). 2. six years. 3. In June 2005, Petitioner's brother, Salieh Hussain Ali Al-Mudafari, executed a Petitioner has been detained by the United States at Guantanamo for more than

next friend authorization on behalf of Petitioner (attached hereto as Exhibit A) which, among other things, authorized the Center for Constitutional Rights ("CCR") and any person assigned by the Center for Constitutional Rights to act on Petitioner's behalf. 4. 5. CCR assigned Debevoise to act as counsel for Petitioner and his next friend. In November 2005, Debevoise and CCR filed a petition for habeas corpus on

behalf of Petitioner on the basis of that authorization, which was attached as Exhibit A to that petition.

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6.

In December 2005, several of my colleagues and I traveled to Yemen and met

with Salieh and other members of Petitioner's family. During that meeting, Salieh orally authorized Debevoise to represent Petitioner in all court proceedings connected to his imprisonment at Guantanamo. 7. Debevoise is authorized to represent Petitioner based on his next friend

authorization, pursuant to 28 U.S.C. § 2242. Salieh is Petitioner's brother, has a significant relationship with him, and is truly dedicated to his best interests. 8. My colleagues and I have traveled to Guantanamo on numerous occasions to meet

with our clients who are detained there. 9. When we have requested a meeting with Petitioner, we have been told by the

United States military that Petitioner did not wish to meet with us. 10. On information and belief, every detainee at Guantanamo has been subjected to

numerous interrogation sessions. 11. I do not know what the United States military has told Petitioner about our

requests to meet with him, but other clients have told me that they did not know they were being transported to a meeting with their lawyers until they entered the meeting room. 12. Upon information and belief, endless years of arbitrary detention have taken a

considerable toll on the mental health of a number of detainees at Guantanamo. 13. Because my colleagues and I have not met with Petitioner, we have not been able

to assess his mental health. 14. The United States military has not provided us with any information regarding

Petitioner's mental health.

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15.

I believe that Petitioner's refusal to meet with my colleagues and me may be a

result of his prolonged isolation and detention by the United States military and the consequent distrust of Americans. 16. It is necessary for Petitioner's habeas action to proceed on the basis of his brother

Salieh's next friend authorization because upon information and belief, Petitioner is unable to proceed himself due to the toll that years of arbitrary detention have had on him.

I declare under penalty of perjury that the foregoing is true and correct. Executed on September 29, 2008.

/s/ Jennifer R. Cowan Jennifer R. Cowan

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Case 1:05-cv-02185-UNA

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