Breaking: Court Rules for Gitmo Detainee, Against Pentagon

Breaking: Court Rules for Gitmo Detainee, Against Pentagon
By Jeralyn, Section Terror Detainees
Posted on Tue Oct 09, 2007 at 04:39:29 PM EST

A federal judge in Washington, D.C. Gladys Kessler, has granted a preliminary injunction to a Guantanamo detainee. It is believed to be the first time a federal court has said "no" to the Pentagon. The case is RAFIQ BIN BASHIR BIN JALLUL ALHAMI et al., vs. GEORGE W. BUSH, et al.

The opinion, unsealed today, is here.
http://www.talkleft.com/docs/Rahman.pdf

In a nutshell, the Pentagon wanted to send Gitmo detainee Mohammed Rahman, a Tunisian, back to Tunisia to serve a 20 year sentence for a crime for which he was charged and tried in absentia since his arrival at Guantanamo. He objected, arguing among other grounds, he would be tortured in a Tunesian prison. He filed a habeas action seeking an order preventing his transfer.

From the opinion:

Petitioner Rahman (“Rahman”) is a Tunisian citizen allegedly captured by Pakistani bounty hunters and transferred to the custody of the United States on an undisclosed date. He has been detained in Guantanamo Bay since shortly after his capture. Rahman maintains that Combatant Status Review Tribunal (“CSRT”) proceedings have never resulted in any finding that he is an “unlawful” enemy combatant. On May 15, 2007, the Government provided notice to Petitioners and the Court of its intention to transfer Rahman out of Guantanamo Bay and release him to the Government of Tunisia. A 20-year prison sentence awaits Rahman in Tunisia.

more:
http://www.talkleft.com/story/2007/10/9/173929/321

at least

K & R

upon finding your request to stay in Gitmo is granted.