USA: Normalizing delay, perpetuating injustice, undermining the 'rules of the road'

Report
June 24, 2010

USA: Normalizing delay, perpetuating injustice, undermining the 'rules of the road'

6 2009 Human Rights Report: Malaysia, available at http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135998.htm

7 “While some delay in fashioning new procedures is unavoidable, the costs of delay can no longer be borne by those who are held in custody. The detainees in these cases are entitled to a prompt habeas corpus hearing”. US Supreme Court, Boumediene v. Bush, 12 June 2008

8 USA: Detainees continue to bear costs of delay and lack of remedy. Minimal judicial review for Guantánamo detainees 10 months after Boumediene, April 2009, http://www.amnesty.org/en/library/info/AMR51/050/2009/en

9 UN Human Rights Committee, A v. Australia, Communication No. 560/1993. UN Doc CCPR/C/59/D/560/1993 (30 April 1997), para. 9.5, emphasis added.

10 Final report, Guantánamo Review Task Force, 22 January 2010, page 18, http://www.justice.gov/ag/guantanamo-review-final-report.pdf

11 US considers partially lifting ban on transfers of detainees to Yemen. The Washington Post, 19 June 2010.

12 Prior to this, he was held in Bagram air base in Afghanistan after being taken into US custody there in July 2002.

13 Obaydullah v. Bush, Respondents’ motion to dismiss the petition without prejudice, or alternatively, to hold the petition in abeyance pending completion of military commission proceedings. In the US District Court for the District of Columbia (DC), 12 November 2008.

14 Obaydullah v. Obama, Motion to vacate the existing stay on the habeas petition, In the US District Court for DC, 24 February 2009.