HSRR files Petition to Supreme Court for Guantanamo Detainee
- Asks Supreme Court to review lower courts' denial of Obaidullah's writ of habeus corpus petition
- Seeks end to 11 years of detention without trial.
"We continue to press for justice for this forgotten detainee who deserves either to receive a trial or be released," said his attorney, Anne Richardson.
On Tuesday, February 26th, Afghan detainee Obaidullah filed a petition for writ of certiorari with the US Supreme Court. The petition focuses on three points:
First, Obaidullah's indefinite detention under the Authorization for Use of Military Force (AUMF) violates the U.S. Constitution, International Human Rights Law, and the Laws of War. His prolonged detention cannot be justified by declaring a "War on Terror" that has no end, and there is no evidence to suggest that Obaidullah is a present danger.
Second, government intelligence documents were presumed to be accurate by the lower courts. As a result, he could not meaningfully dispute the sometimes contradictory evidence used to justify his detention.
Finally, the identity of the source who initially linked Obaidullah to Al Qaida is unknown. Because the government refused to disclose its source or how the information was obtained, counsel had no way to verify its accuracy.
Obaidullah was captured during a raid in Afghanistan on July 20, 2002 and was rendered to Guantanamo Bay in October 2002. In September 2008 he was charged with conspiracy and providing material support to terrorism.Those charges were withdrawn on June 7, 2011 and no others are currently pending.