ABA urges Supreme Court to hear case of Gitmo detainee held more than 15 years
Here is an eye-opening story. The American Bar Association has filed an amicus brief that urges the U.S. Supreme Court to hear an appeal by a Guantanamo Bay detainee who has been held without trial for 15 years. The brief says the court should review the claim by Abd al Rahim al-Nashiri , charged with the attack on the USS Cole in 2000, that he isn’t properly classified as an enemy combatant, making his case ineligible for trial by a military commission, according to a press release.
Al-Nashiri had sought habeas review, but a federal district court and the U.S. Court of Appeals for the District of Columbia declined to hear his case.
The ABA argues the ruling affects all Guantanamo detainees seeking to challenge their enemy combatant status, and it should be promptly reviewed. “To hold that judicial review is unavailable here, despite the extraordinary pretrial delay present in this case, undermines the Constitution’s fundamental commitment to rendering justice in a timely manner,” the brief says.
Al-Nashiri, a Saudi being held in solitary confinement, claims he should be tried by a federal court because he is accused in bombings that took place before the Iraq war. His military trial likely won’t be held until at least 2019, and he won’t be in a position to challenge an adverse judgment until 2024, according to the ABA brief.
KJ