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Federal judge denies Yemeni Guantanamo detainee's habeas petition

[JURIST] A judge for the US District Court for the District of Columbia [official website] on Monday denied [transcript, PDF] Yemeni Guantanamo Bay [JURIST news archive] detainee Musa'ab Al-Madhwani's petition for habeas corpus, ruling that the government may continue to detain him. Judge Thomas Hogan excluded from evidence statements made to interrogators, finding them to be the product of abusive techniques, but admitted statements made during military hearings because they were given years after the alleged abuse. Hogan found that while he does not believe that Madhwani poses a threat, the government met its burden [Washington Post report] of proving that he was a member of al Qaeda. Madhwani has been detained at Guantanamo since October 2002.

Monday's ruling marks the ninth victory for the government in a habeas proceeding, while the court had ordered the release of 31 detainees. In September, a judge denied [JURIST report] the habeas petition of Algerian Guantanamo Bay detainee Sufiyan Barhoumi, bringing the total number of government victories to eight.

1/6/10 - A written ruling is now available here [opinion, PDF].

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