The district court granted Latif's habeas corpus petition in July, but the ruling was not made public until this week. Judge Henry Kennedy held that the government failed to meet the preponderance of evidence standard in proving that Latif was part of a terrorist organization and, therefore, his continued incarceration was unlawful. Latif, who has been in custody for more than eight years, contends that he was in Pakistan for medical treatment when he was arrested and turned over to US forces. The government alleged that Latif was sent to Pakistan and Afghanistan for al Qaeda training. In his opinion, Kennedy stated that the evidence against Latif was not "sufficiently reliable" to meet the burden of proof and that there was no corroborating evidence for any of the incriminating statements against the detainee. The government has not yet indicated whether it will appeal the decision, transfer Latif back to Yemen or find another country willing to accept him.
Federal judge orders release of Guantanamo detainee for lack of evidence
Written by Sarah Miley Tuesday, 17 August 2010The US District Court for the District of Columbia on Monday released a partially redacted opinion ordering the release of Yemeni Guantanamo Bay detainee Adnan Farhan Abdul Latif for lack of evidence.
- Guantanamo
- US courts
- Habeas corpus
- Detainee
- Supreme Court
- Pakistan
- Al Qaeda
- Afghanistan
- Enemy Combatant
- Government
- Adnan Farhan Abdul Latif
- Yemen
- Transfer
- US forces
- US Court of Appeals for the District of Columbia Circuit
- 2001 Authorization for Use of Military Force (AUMF)
- "functionally part of"
- Terrorist organization
- 2008 Boumediene v. Bush
- Al Maqaleh v. Gates
- Bagram Air Force Base
- Federal Judge
- Lack of evidence
- Sarah Miley
- US District Court for the District of Columbia
- Yemeni
- Judge Henry Kennedy
- Preponderance of evidence standard
- Medical treatment
- Arrested
- Training
- Burden of proof
- Incriminating statements
- Appeal
- Bensaya v. Obama
- "part of" a terrorist group
- Jurisdiction
- DC Circuit
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