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8 Oct 2008, 5:55 pm
In an emergency motion, the attorneys requested the panel that on June 20 was strongly critical of the government’s reasons for detaining one of those prisoners, ruling that his detention had not been justified and declaring that he was entitled to seek release from Guantanamo. [read post]
7 Oct 2008, 6:25 pm
The judge was right to rule that this kind of detention is unlawful because the Constitution prohibits indefinite imprisonment without any charges. [read post]
7 Oct 2008, 4:29 pm
In advance of the October 16 hearing, Urbina said immigration officials are to neither question nor detain any members of the group. [read post]
5 Oct 2008, 7:58 pm
But to detain the innocent? [read post]
30 Sep 2008, 8:14 pm
Omar Khadr has been in detention for 6 years. [read post]
19 Sep 2008, 5:30 pm
The Circuit Court upheld military detention of an individual who had already been held in maximum security custody with no early chance of release. [read post]
17 Sep 2008, 12:15 pm
In light of the limited nature of the intrusion and the officers' compelling need to maintain control within the security perimeter, Jennings's detention was reasonable. [read post]
12 Sep 2008, 4:45 pm
Here is the abstract:After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute - a tactic that provoked a great deal of controversy. [read post]
12 Sep 2008, 6:08 am
Article 36 imposes three separate obligations on a detaining authority: (1) inform the consulate of a foreign national's arrest or detention without delay; (2) forward communications from a detained national to the consulate without delay, and (3) inform a detained foreign national of "his rights" under Article 36 without delay. [read post]
10 Sep 2008, 10:19 pm
The case discusses the availability of individualized bond hearings for noncitizens detained for prolonged periods... [read post]
6 Sep 2008, 1:05 am
PRISONERS UNDER ARREST OR AWAITING TRIAL84. (1) Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as "untried prisoners,' hereinafter in these rules.(2) Unconvicted prisoners are presumed to be innocent and shall be treated as such.(3) Without prejudice to legal rules for the protection of individual liberty or… [read post]
3 Sep 2008, 2:00 am
We will respect the time-honored principle of habeas corpus, the seven century-old right of individuals to challenge the terms of their own detention that was recently reaffirmed by our Supreme Court. [read post]
2 Sep 2008, 9:24 pm
In a voluntary encounter, a law enforcement officer may approach an individual and ask questions without constituting a seizure provided the individual is free to leave, but the officer cannot force the individual to answer. [read post]
28 Aug 2008, 2:15 pm
Branch, No. 06-4257 Conviction and sentence for drug- and firearm-related offenses is affirmed where: 1) there was no question that the police were allowed to detain defendant after witnessing him commit a traffic violation; and 2) during this detention the police formed a "reasonable suspicion" of ongoing criminal activity that justified extension of the traffic stop; and 3) defendant's other claims were without merit. [read post]
27 Aug 2008, 8:02 pm
Bush on the meaning of the Detainee Treatment Act of 2005, which spells out the Circuit Court’s role in examining military detention. [read post]
27 Aug 2008, 7:10 pm
Each government report offering reasons for an individual’s captivity, the judge said, must “set forth the government;s legal basis for detaining” that captive. [read post]
26 Aug 2008, 4:54 pm
While that brief seeks to keep the Circuit Court’s focus narrow, it does argue more widely that federal courts definitely do have authority to prevent a new form of detention — overseas — for individuals the Pentagon decides to hold no longer at Guantanamo, and do have authority to head off any risk that a detainee will suffer torture or abuse in another country. [read post]
25 Aug 2008, 2:40 pm
Circuit Court, turning aside a Justice Department plea to cut back sharply on its review of military decisions to detain individuals at Guantanamo Bay, has put its tough review regime back into effect. [read post]
22 Aug 2008, 7:39 pm
These individuals were in Beijing to amplify Tibetan voicescalling for freedom and human rights and the right of all peopleto freedom of expression. [read post]
19 Aug 2008, 11:25 pm
“What the Executive cannot do…is detain Parhat indefinitely pending expulsion or exclusion. [read post]
