The US Court of Appeals for the Ninth Circuit [4] ruled (PDF [5]) Oct. 7 that the Detainee Treatment Act [6] prevents the court from having jurisdiction over a former Guantánamo Bay detainee's lawsuit for damages. Adel Hassan Hamad [7], a Sudanese national, was captured in 2002 and transferred to Guantánamo prior to an agreement an agreement to transfer him to Sudan in 2007. Hamad states that that he was wrongfully detained and subjected to torture while held and filed the lawsuit to seek damages stemming from his detention. The Ninth Circuit vacated the district court's orders and directed the district court to render a judgment dismissing the lawsuit. The US Court of Appeals for the District of Columbia Circuit [8] in 2001 ruled [9] that Hamad could not continue to litigate a habeas corpus petition and refused to order the government to rescind their designations as "enemy combatants."
From Jurist [10], Oct. 9. Used with permission.
