Detainee transfer permitted
on Aug 10, 2007 at 5:28 pm
UPDATE Tuesday a.m.
The Belbacha petition for cert before judgment is now docketed at 07-173, and the petition for a writ of habeas corpus is at 07-174.
The Supreme Court on Friday afternoon cleared the way for the federal government to transfer a detainee, Ahmed Belbacha, out of Guantanamo Bay — reportedly, to his home country, Algeria. Belbacha’s counsel had sought an emergency order to block that transfer while they continue to pursue challenges in the D.C. Circuit Court, and two separate actions in the Supreme Court. All of those challenges will be ongoing, but the order by the full Court denying any immediate relief removes any obstacle to his transfer. His attorneys say that he has a strong fear of torture or abuse if he is returned to Algeria. It is now up to the State and Defense Departments to determine when a transfer would actually occur.
Chief Justice John G. Roberts, Jr., fielded the application for an immediate order in his capacity as Circuit Justice, but referred it to the full Court. There were no noted dissents from the denial. The Court order can be found here
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The most recent post on this blog about Belbacha’s challenges can be found here.
