Filing 586

NOTICE of Authorization by ABDULLAH BO OMER HAMZA YOYEJ re (524 in 1:05-cv-02386-UNA, 210 in 1:08-mc-00442-TFH) Order (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B)(O'Hara, Matthew)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INRE: GUANT ANAMO BAY DETAINEE Misc. No. 08-442 (TFH) Civil Action No. 05-2386 (RW) LITIGATION DE CLAR TION OF MATTHEW J. O' HARA 1746: Matthew J. O' Hara declares as follows pursuant to 28 U.S. c. I am an attorney licensed to practice law in the state of Ilinois. I am a parner in the law firm of Reed Smith LLP. My client Umar Hamzayevich Abdulayev is a prisoner in the prison maintained by the United States military at the U. S. Naval Base at Guantanamo Bay, Cuba. He has been imprisoned there without charge since February 2002. I have had nine separate meetings with Mr. Abdulayev at Guantananamo Bay beginning in January 2008. I have visited Mr. Abdulayev on separate trips to Guantanamo Bay in: January 2008, April 2008 , and July 2008. My last meeting with him was on July 23 , 2008. I have requested the United States Department of Defense to allow me to visit Mr. Abdulayev again on November 17 and 19 2008. During my meetings with him, Mr. Abdulayev has conveyed to me his authority for me and my colleagues at Reed Smith LLP and the Center for Constitutional Rights to represent him in connection with his imprisonment at Guantanamo Bay, including but not limited to prosecuting the petition for a writ of habeas corpus that was fied No. 05-2386. on his behalf in Civil Action Mr. Abdulayev has not signed an authorization because I have not asked him to do so. I have not asked him to sign such an authorization because I believed that no rule or order of this Cour required me to do so. On June 27, 2006, Judge Reggie B. Walton entered the Amended Protective Order and Procedures for Counsel Access to Detainees at the United States Naval Base in Guantanamo Bay, Cuba, first issued on November 8 , 2004 in 344 F. Supp. 2d 174 (D. In re Guantanamo Detainee Cases C. 2004) and certain subsequent related orders in this case (the Docket No. 66.) The Protective Order did not Protective Order ). (Civil Action No. 05-2386 , require petitioners to sign an authorization stating that a petitioner had authorized counsel to pursue the action. Rather, the Protective Order provided that "Counsel shall provide evidence of his or her authority to represent the detainee. . . . " (Prot. Order, Revised Procedures for Counsel ) It has Access to Detainees at the U. S. Naval Base in Guantanamo Bay, Cuba, ~ III.C. been my understanding during my representation of Mr. Abdulayev that evidence of my authority to represent a detainee may take the form of a sworn statement. See Adem v. Bush Civil Action No. 05- 723 (RWR) (AK), Document 42, at 14- 15 ("Here, a sworn statement provides evidence ). A copy of that (petitioner) was actively seeking a lawyer to represent him. this Memorandum Opinion and Order is attached to this Declaration as Exhibit A. To my knowledge, the Governent has abided by this order since that time in cases involving other men imprisoned at Guantanamo Bay. We have fied a petition under the Detainee Treatment Act of 2005 in the Court of Appeals for the District of Columbia on behalf of Mr. Abdulayev. In that litigation, we filed in that cour and served upon the Governent the Declaration signed by me dated March 4 , 2008 that is attached to this Declaration as Exhibit B. -2- The Governent never questioned or expressed any doubt concerning our authority to represent Mr. Abdulayev until it fied its Status Report in Misc. No. 08-442 on July , 2008. The Governent has never denied me or my colleagues access to Mr. Abdulayev on the purported basis that we lack the authority to represent him. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. DATED: September 29 2008 22061 71. -3- CERTIFICATE OF SERVICE The undersigned states that on September 29 2008 , I electronically fied NOTICE OF AUTHORIZATION BY UMAR HAMZA YEVICH ABDULA YEV the foregoing with the Clerk of the Cour using the ECF system, which wil send notification of such fiings to all counsel of record. /s/ Matthew J. O' Hara Matthew J. 0 ' Hara REED SMITH LLP 10 South Wacker Drive Chicago , Ilinois 60606 (312) 207- 1000 mohara(freedsmith. com

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