IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 92

STATUS REPORT by ALI KADAMI, AYMAN, FAWAZ, HOUMAD WARZLY, MOHAMED RAJAB, OTHMAN ALI MUHAMMED OMAR, MOHAMMED KAMEEN, SABRY MOHAMMED, SALEH, WAQAS MOHAMMED ALI AWAD, ZAKARIA, KHALID MOHAMMED, MUHAMMAD NUR UTHMAN MUHAMMAD, MAHDI SALIH, SAKI BACHA, SHAMSULLAH, ABOU YASSIR JEZAIRI, ABDAL RAUF ZALITINI, ABDAUL RAZAK ALI-HAJ, ADNAN, AHAMED, SALAH DEEN IBN SHAIKH, SALIH, SALEH LIBI, ABD AL RAHMAN ABDULLAH AL HALMANDY, MUHAMMED SAAD IQBAL MADNI, SAID MADANY, ABDULLAH JAFFA, ABU HADIFA, MOHAMMED ABDULLAH, SANJAWEZ RAWEEL KAMEEL WEEJ, ABUL AZIZ AL MATRAFI, MAJED BARYAN, MOHAMED FAHAD SAAD AL ZU'BI, MOUSSA, ABDULRAHMAN(Detainee), SAUD AL JOUHANY, SULTAN AL SHAREEF, ABDU TAWAB, ABDUL AZIZ, ABU RAWDAH, ABDUL AL HAMMAN, ABDUL LATIF, ABDULLA HAJI, ABDULLA, ADEL, INSHANULLAH, BITAL ADEL HALAMI, HISHAM, RAFIOVE BIN BASHIR, RIAD NARGERI, RIDAH, MASOUD, ABDULLAH, ABDULLAH ALI SALEH, AMAR BILOUSHI, KHALID DESHIRE, IBRAHIM NAYIF ADBALLAH IBRAHIM, MOHAMMED CHINGUITY, ABU BAKER SHAMMRANY, GUANTANAMO BAY DETAINEE LITIGATION. (Kadidal, Shayana)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 92

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x : : IN RE: : : Misc. No. 08-442 (TFH) GUANTÁNAMO BAY : DETAINEE LITIGATION : ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x : AL HALMANDY, et al., : : Petitioners, : : v. : No. 05-CV-2385 (RMU) : BUSH, et al., : : Respondents. : : ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ x STATUS REPORT Petitioners in the above-captioned action, by and through their undersigned counsel, respectfully submit this status report in response to the Court's July 11, 2008 Scheduling Order: 1. The instant habeas petition was filed on behalf of 63 petitioners on December 13,

2005, just prior to the passage of the Detainee Treatment Act of 2005. After review, a large number of the petitioners in the instant case appear to be duplicates of petitioners on other habeas corpus petitions, or appear to have been transferred or released from Guantánamo. 2. The following detainees named on the instant petition (1) are identified as specific

detainees at Guantánamo Bay; (2) do not have duplicate habeas petitions pending before the District Court (except as noted); and (3) to our knowledge have not been transferred or released from Guantánamo Bay:

Dockets.Justia.com

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Mohammed Kameen, an Afghan national, ISN 1045. Respondents concede the identification.

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Saki Bacha, an Afghan national, ISN 900. Respondents concede the identification. Muhammed Saad Iqbal Madni, a Pakistani national, ISN 743. Respondents concede the identification. Madni had a duplicate petition in Civil Action No. 06CV-1674 (RMC), filed September 29, 2006 under the name Qari Saad Iqbal, which he withdrew voluntarily on February 12, 2007. Judge Collyer dismissed that case without prejudice on February 12, 2007.

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Riad Nargeri, a Tunisian national, ISN 510. Houmad Warzly, a Yemeni national, ISN 574. Respondents concede the identification.

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Sabry Mohammed, a Yemeni national, ISN 570. Respondents concede the identification.

· 3.

Saleh, a Yemeni national, ISN 78. Of the seven petitioners listed above in paragraph 2, two are currently the subject

of charges before a military commission: Mohammed Jawad (ISN 900, listed as "Saki Bacha" on this petition) and Mohammed Kamin (ISN 1045, listed as "Mohammed Kameen" on this petition). Charges against Jawad, accusing him of throwing a hand grenade into a vehicle carrying U.S. and allied personnel in Afghanistan, were sworn on October 9, 2007, and referred for trial on January 30, 2008. It has been widely reported in the news media that Jawad was sixteen years old at the time of the alleged attack. Charges against Kamin, accusing him of providing material support to hostilities against U.S. and allied armed forces in Afghanistan, were sworn on March 12, 2008, and referred for trial on April 4, 2008.

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4. this petition. 5. 6. 7.

No factual return or classified CSRT record has been filed for any petitioner on

There are no pending motions filed by petitioners in the instant case. There is no protective order in place in this case. Pursuant to the Detainee Treatment Act (DTA), petitioner Madni filed a Petition

for Review of Combat Status Review Tribunal Determination with the U.S. Court of Appeals for the District of Columbia Circuit on April 3, 2007, No. 07-1083. There is a protective order in place in that case. Madni's DTA petition is still pending before the Court of Appeals. 8. Petitioners Kameen, Bacha, Nargeri, Warzly, Mohammed, and Saleh (listed in

Paragraph 2, above) hereby give notice to respondents and to the Court that they request thirty days prior notice of transfer pursuant to the Court's order of July 10, 2008 (Dkt. 52-2, Civil Action No. 08-mc-442). (Petitioner Madni has already given such notice. See Dkt. 63, Notice of Petitioners' Request for 30-Days Notice of Transfer (filed July 15, 2008).) 9. As to all other individuals named on the instant petition, who are not specifically

addressed in Paragraph 2, above, counsel do not object to dismissal of their claims without prejudice. Dated: New York, New York July 18, 2008 Respectfully submitted, /s/ Shayana Kadidal Shayana D. Kadidal (D.C. Bar No. 454248) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 Tel: [phone] Fax: [phone] Counsel for Petitioners 3

Richard L. Cys (D.C. Bar No. 87536) Lisa B. Zycherman (D.C. Bar No. 495277) DAVIS WRIGHT TREMAINE, LLP 1919 Pennsylvania Avenue, N.W. Suite 200 Washington, D.C. 20006-3402 Tel: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] James P. Walsh (D.C. Bar No. 930115) DAVIS WRIGHT TREMAINE, LLP 505 Montgomery Street Suite 800 San Francisco, CA 94111-6533 Tel: [phone] Fax: [phone] Email: [e-mail] Counsel for Petitioner Muhammed Saad Iqbal Madni

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