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2001, was captured in
Pakistan in the fall of 2001. A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit found in June that there was no persuasive evidence to support the government's labeling of him as an enemy combatant. The panel included the court's chief judge, David Sentelle, one of the most conservative federal judges in the country. Its opinion ridiculed the government argument, comparing it to the statement of a Lewis Carroll character: "I have said it thrice: What I tell you three times is true."
842:
detainees are not unlawful enemy combatants and that the Parhat holding applies to all of them. See In re Guantánamo Bay
Detainee Litig., 581 F. Supp. 2d 33, 35 (D.D.C. 2008). For the most developed discussion of their reasons for leaving China, stay and training at a Uighur camp in Afghanistan, flight from Afghanistan after the U.S. military campaign in October 2008, and capture in Pakistan in December 2008, see Parhat v. Gates, 532 F.3d 834, 837–38, 843–44 (D.C. Cir. 2008).
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connection between ETIM and al Qaida or the
Taliban that is considerably closer than the relationship suggested by the usual meaning of the word 'associated.'" The court did not find that the evidence adduced established that ETIM is sufficiently connected to Al Qaeda to be an "associated force," as the government had defined the concept, but the decision might have come out differently if the court had adopted a plain-language interpretation of "associated force."
1157:
required to devise a comprehensive regime for arrest and detention and probably, given the inevitability of some criminal trials, for prosecution as well. Because that did not happen, CSRTs are operating without any legislative authorization, are not according to recent lower court decisions following their own procedures and the procedures themselves are under increasing critique (a problem at which the
Supreme Court could only vaguely gesture.)
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483:, one of the 17, and decided that the government's attempts to link him to the East Turkestan Independence Movement were thoroughly unpersuasive. As a result, they "held invalid a decision of a Combatant Status Review Tribunal" that Parhat was an "enemy combatant," and "directed the government to release or transfer" him (or to hold a new tribunal "consistent with the Court's opinion").
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In one oft-cited litigation colloquy, the government went so far as to argue that merely providing a charitable gift could qualify the so-called "little old lady in
Switzerland" donor as an "enemy combatant" if the recipient turned out to be an al Qaeda front. Even having backed off this most extreme
925:
Evidence suggesting that gullible executive-branch officials were fed deliberate disinformation by
Chinese intelligence led a three-judge panel of the Court of Appeals for the District of Columbia Circuit to overturn the Pentagon's determination that a member of the Uighur minority from western China
898:
If the definition asserted by the government in Parhat is adopted, then the term would seem to require a close operational nexus in the current armed conflict. On the other hand, as the court noted, "his argument suggests that, even under the government's own definition, the evidence must establish a
812:
Wake at 4:30 or 5:00. Pray. Go back to sleep. Walk in circles -- north, south, east, west -- around his 6-by-12 foot cell for an hour. Go back to sleep for another two or more hours. Wake up and read the Koran or look at a magazine (written in a language he does not understand). Pray. Walk in circles
1374:
but by no means all of these references. However, even if, for the sake of argument, all the references for some topic each only touched on that topic in a single paragraph, but each of those single paragraphs covered a different aspect of the topic, added together they would add up to the coverage
1209:
There is a strong that even for those detainees still considered to beargument "enemy combatants," whether or not they have been cleared for release or transfer, their "enemy combatant" status determination is not conclusive. This argument is supported by the
Supreme Court's ruling in Boumediene and
513:
The government claimed that the DTA sharply curtailed judicial review over detention decisions, and justified imposition of severe restrictions on counsel's access to detainees and information in the government's possession. However, the detainees in
Bismullah (and the consolidated case of Parhat v.
1098:
There is some corroboration about their names. Hozaifa Parhat, one of the 22 Uighurs who were in
Afghanistan until late 2001 then ended up at Guantanamo by 2002 and whose name was placed in the landmark court case on whether to release them, readily told his Combatant Status Review Tribunal between
975:
In Parhat v. Gates, the United States Court of
Appeals for the District of Columbia Circuit reviewed the Combatant Status Review Tribunal's decision that Huzaifa Parhat was an "enemy combatant".90 The court found that Parhat's designation as an enemy combatant was not valid because it was not based
721:
There is considerable debate about the appropriateness of the Green Protective Order. This debate is most vigorously presented in the arguments submitted by the parties in the pending cases Bismullah v. Rumsfeld and Parhat v. Gates, brought pursuant to the DTA."' In these cases, the question of the
1124:
A striking example of the importance of having courts check official decisions that someone is an "enemy combatant" is the case of Huzaifa Parhat, one of a number of Uighur Muslims from China who are in Guantánamo. Parhat, who the US military claimed was at a Uighur training camp in Afghanistan in
579:
per nom. From what Geo Swan has highlighted, it seems that the issue he wishes to highlight is what the ruling meant for the legality of the arrangements prisoners were being held under. This should be covered in the appropriate article on these arrangements, rather than an article on an otherwise
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Given the time -- a period of three years after 9/11 in which there had been no attack on the United States -- and the firm sense that the conflict would be indefinite, the latter option was, from the perspective of a commitment to legality, by far the the better choice. Congress would have been
445:
But lawyers for the Uighur 17 will never give up. Oral argument is scheduled for April 4 in another Uighur case Parhat v. Gates, an action filed in the D.C. Circuit pursuant to the Detainee Treatment Act of 2005 ("DTA"). In the first ever dispositive motion to be heard in a DTA case, the Court
1307:"Exploring the nature of Uighur nationalism: freedom fighters or terrorists? : hearing before the Subcommittee on International Organizations, Human Rights, and Oversight of the Committee on Foreign Affairs, House of Representatives, One Hundred Eleventh Congress, first session, June 16, 2009"
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The precise nature of the location of these camps, how long the Uighurs were there, and what training they received, if any, remains debated in legal pleadings and orders. This information is invariably under government seal as confidential. Yet, the executive concedes that all of the Uighur
751:
We won. In June of 2008, the Parhat court rejected the Government's enemy combatant determination and ordered that Parhat be released, transferred, or that a new CSRT be convened. The Government waived its right to subject Parhat to a second CSRT, and accepted the court's non-enemy combatant
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But perhaps they were just the courts taking the last in a series of incremental steps: Rasul provided that the federal courts had jurisdiction; Boumediene provided that Congress could not take that jurisdiction away; Parhat provided that the Uighurs were not properly classified as "enemy
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view,28 however, the government has steadfastly avoided detailed public discussion of what it means to be a "member", how it defines "al Qaida" or its affiliates and supporters, and what activities constitute belligerency or support or aid to any of these groups or activities.
871:
Early in January 2009, the author visited Guantánamo. For a fleeting moment he stood across a fence from two men famous in American jurisprudence, the Bosnian Lakhdar Boumediene and the Uighur Huzaifa Parhat. Each had been adjudicated a noncombatant. Each was still a
418:, said he and other members of Parhat's legal team would seek to have him freed immediately. Parhat is one of 17 Uighur Muslims, an ethnic minority in China, who are still being held at Guantanamo even though the U.S. government acknowledges they pose no threat.
1381:
essay warns that instances occur when a small subsection of the project's community chime in, and give the appearance of a consensus, that would not be endorsed by the wider community. I suggest the apparent consensus here is an instance of that phenomenon.
1364:. Nominator claimed there were no secondary sources that supported his notability. Wrong. Several books and and scholarly articles devoted page after page to the ruling. In doing so they provided plenty of biographical details about the man himself.
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is not a vote, as I understand it, you have the authority to discount arguments that are inaccurate, or are counter-policy. Hofaiza Parhat is one of the most significant Guantanamo captives due to the significant ruling in his
1002:
The panel emphasized that it was not suggesting "that hearsay evidence is never reliable—only that it must be presented in a form, or with sufficient additional information, that permits the Tribunal and court to assess its
779:
combatants"; and the district court's decision in In re Guantanamo Bay Detainee Litigation suggested that the appropriate remedy, if the government could not legally transfer the detainees to any other country, was release.
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55:. Seems pretty clear that this is a textbook BLP1E situation. No one is saying that Knowledge (XXG) should not contain any information on Parhat, just that he doesn't need his own standalone article.
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I want to get your reactions to this week's decision from the D.C. Circuit Court of Appeals in the Parhat case. The court rejected the administration's rationale for detaining
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Ignored for years, they gained an unexpected reprieve last June, when three judges in the Court of Appeals in Washington — noticeably, two Republicans and a Democrat —
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In April, Huzaifa Parhat, another Uighur who was reportedly determined eligible for release over four years ago, described his daily routine to his lawyer, who wrote:
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they do not meet the bar for notability to have individual articles that would, by necessity, essentially duplicate the information in the article about the group, as
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2004 and 2005 that he saw Mahsum who was the leader at the Uighur camp in Afghanistan. Parhat and some other Uighur detainees also said that they heard of Abdul Haq.
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393:"Court rules in favor of detainee: The Guantanamo inmate is ordered to be freed, transferred or given a new hearing, in a new setback for the Bush administration"
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Parhat focused on the underlying reliability of the government's evidence, which the court refused to credit, even under a relatively light standard of review.
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once more. Eat lunch. Pray. Walk in circles. Pray. Walk in circles or look at a magazine (again, in a foreign language). Go back to sleep at 10:00 p.m.
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subsequent review by the lower courts, at least one of which has found the "enemy combatant" determinations to be based on insufficient evidence.
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The next day is the same except that the detainee may leave his cell for two hours of recreation in a slightly larger pen or for a shower.
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cast doubt on the authority of hundreds of intelligence documents and records the government has held up as proof of detainees' threat.
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Mr. Parhat, who is a Uighur, a Chinese Muslim, at Guantánamo, finding no evidence that would qualify him as an enemy combatant.
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But are these anything more than passing mentions? I don't see extensive coverage - just that he is mentioined in passing... -
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will consider whether – as a matter of law – Huzaifa Parhat is a non-combatant and should therefore be immediately released.
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notable and article-worthy, and the articles on the detainees themselves can be merged and redirected into it, as
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Gates) countered that the government misconstrued the statute and sought to render its review scheme a nullity.
667:. That being said the subject falls under a notable group, a redirect can be left in the articlespace and its
318:-- This nomination is highly misleading. Parhat had an unique ruling made by DC court of appeals made in his
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651:. In news and book searches found multiple passing mentions of the subject but none that would be considered
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The American Challenge: Terrorists, Detainees, Treaties, and Torture-Responses to the Rule of Law, 2001-2008
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826:"Kiyemba, Guantanamo, and Immigration Law: An Extraterritorial Constitution in a Plenary Power World"
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were finally granted an opportunity to review the government's evidence against Huzaifa Parhat
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While the Detainee Treatment Act cases run separate to the habeas cases, detainee lawyers say
339:"DOJ Seeks Lawyers for Guantanamo Cases: Justice says 50 needed to deal with 250 habeas cases"
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The following discussion is an archived debate of the proposed deletion of the article below.
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Subsequent comments should be made on the appropriate discussion page (such as the article's
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Subsequent comments should be made on the appropriate discussion page (such as the article's
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whether the Green Protective Order should be put in place is currently being litigated."
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960:"REACHING BEYOND GUANTÁNAMO: THE FUTURE OF COUNTER-TERRORISM LAW IN THE UNITED STATES"
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1280:"Habeas Corpus after 9/11: Confronting America's New Global Detention System"
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Two of the contributors above assert that the references to Parhat are only
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934:"MUSCULAR PROCEDURE: CONDITIONAL DEFERENCE IN THE EXECUTIVE DETENTION CASES"
733:"The Uighurs AT Guantánamo : "SOMETIMES WE JUST DIDN'T GET THE RIGHT FOLKS""
494:"Modest Improvements Cannot Save an Inherently Flawed Process at Guantánamo"
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of the subject. The citation used merely take the name. Moreover they are
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984:"The Emerging Law of Detention: The Guantánamo Habeas Cases as Lawmaking"
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Parhat, who has been kept virtually incommunicado for more than six years
763:"The Long War, the Federal Courts, and the Necessity / Legality Paradox"
1168:"pAdministrative Detention of Terrorists: Why Detain, and Detain Whom?"
907:"In Case of Emergency: Misunderstanding Tradeoffs in the War on Terror"
794:"Locked Up Alone: Detention Conditions and Mental Health at Guantanamo"
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on evidence that could be reviewed by both the Tribunal and the court.
1249:"The Etim: China's Islamic Militants and the Global Terrorist Threat"
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Benjamin Wittes, Robert Chesney & Rabea Benhalim (2010-01-22).
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212:. There are no secondary sources or independent coverage to claim
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U. S. -China Counterterrorism Cooperation: Issues for U. S. Policy
1080:"U.S.-China Counterterrorism Cooperation: Issues for U.S. Policy"
880:"Detainee Provisions in the National Defense Authorization Bills"
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The above discussion is preserved as an archive of the debate.
363:"The TNR Conversation: Benjamin Wittes and Andrew C. McCarthy"
426:"East Turkestan: Uyghurs Unlawfully Arrested and Detained"
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determination. The only question remaining was release.
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Jennifer K. Elsea, Michael John Garcia (2011-12-08).
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content can be merged within that target article.--
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43:). No further edits should be made to this page.
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430:Unrepresented Nations and Peoples Organization
767:American University Washington College of Law
272:list of Military-related deletion discussions
200:On a living prisoner from Guantanamo Fails
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597:- insufficient coverage to be notable under
292:Note: This debate has been included in the
270:Note: This debate has been included in the
248:Note: This debate has been included in the
853:"Clericalism and the Guantánamo Litigation"
294:list of People-related deletion discussions
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926:was properly held as an enemy combatant.
824:Ernesto A. Hernandez-Lopez (July 2011).
18:Knowledge (XXG):Articles for deletion
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1247:J. Todd Reed, Diana Raschke (2010).
1375:in depth we expect in an article.
860:Northeastern University Law Journal
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558:they have done nothing else notable
1133:"Sovereignty, Emergency, Legality"
649:Uyghur detainees at Guantanamo Bay
620:Uyghur detainees at Guantanamo Bay
542:Uyghur detainees at Guantanamo Bay
52:Uyghur detainees at Guantanamo Bay
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706:"The Guantanamo Protective Order"
349:from the original on 2012-08-16.
830:Chapman University School of Law
685:Excuse me, but what elements of
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1078:Shirley A. Kan (2010-01-06).
1018:Carl Quimby Christol (2009).
905:Stephen Holmes (April 2009).
361:John Patashnik (2008-07-03).
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1219:, Susan L. Simmons (2011).
1026:University Press of America
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1131:Austin Sarat, ed. (2010).
1107:"Official American Sadism"
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1190:Colleen Costello (2009).
391:Josh Meyer (2008-06-24).
1403:Please do not modify it.
1313:2009-06-16. p. 64, 70–71
1048:Shirley A. Khan (2009).
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460:"Obama's Uighur Problem"
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