The Federal Court of Australia ruled Feb. 26 that former Guantánamo Bay detainee Mamdouh Habib can sue the Australian government for complicity in his ill-treatment while incarcerated in Pakistan, Egypt, Afghanistan, and Guantánamo. Habib claims he suffered sleep deprivation, electrocution, and drug injections during his detainment, some of which happened in collusion with or in the presence of Australian officials.

Authorities in Spain have launched proceedings to suspend the notorious investigating magistrate Baltasar Garzón. The ostensible reason for the move is his investigation into the fate of 114,000 people who disappeared during the Spanish Civil War and its aftermath. The public prosecutor's office says Garzón had no authority to conduct the investigation because of a 1977 amnesty law. But Garzón says the disappearances must be considered crimes against humanity, and therefore not covered by any amnesty.

Four Guantánamo Bay detainees have been transferred to Albania and Spain, the US Department of Justice announced Feb. 24. Three detainees, Tunisia native Aleh Bin Hadi Asasi, Egypt native Sharif Fati Ali al Mishad, and Libya native Abdul Rauf Omar Mohammad Abu al Qusin, were transferred to Albania; the fourth, an unidentified detainee from the Palestinian territories, was transferred to Spain. The transfers, approved with unanimous consent by the Guantanamo Bay Task Force, add to the more than 580 Guantánamo detainees transferred to other nations since 2002. There are still 188 remaining at the Guantánamo facility in Cuba.

A judge for the US District Court for the District of Columbia ruled Feb. 24 that the government can continue to hold indefinitely two Yemeni Guantánamo Bay detainees, even though the men had been cleared for release by the Bush administration two years ago. Judge Gladys Kessler denied the petitions for habeas corpus filed by Fahmi Salem Al-Assani and Suleiman Awadh Bin Agil Al-Nahdi. The men had been notified of their release in 2008, but the decision was suspended when President Barack Obama took office. Full text of the opinions explaining Kessler's reasoning will be made public after passing a security clearance. Nearly half the 188 prisoners remaining at Guantánamo are from Yemen.

The US Supreme Court heard oral arguments Feb. 23 in Holder v. Humanitarian Law Project, on whether a federal law that prohibits providing material support to terrorism violates the First Amendment. The challenge was filed by the Humanitarian Law Project (HLP) on behalf on several groups that wanted to support Turkey's Kurdistan Workers' Party (PKK) and Sri Lanka's Liberation Tigers of Tamil Eelam (LTTE), both of which have been designated as terrorist organizations by the US government.

Two human rights groups released documents Feb. 22 confirming that planes associated with the US Central Intelligence Agency's "extraordinary rendition" program landed in Poland on six occasions in 2003. The Open Society Justice Initiative and the Helsinki Foundation for Human Rights released flight records obtained through a freedom of information act request to the Polish Air Navigation Services Agency. Those records confirm at least six plane landings linked to the CIA at the Szczytno-Szymany airport in northern Poland between February and September 2003. The flights' origins included Afghanistan and Morocco.

The White House is considering endorsing a law that would allow the indefinite detention of some terrorist suspects without trial as part of efforts to break a logjam with Congress over President Barack Obama's plans to close the Guantánamo Bay prison, Sen. Lindsey Graham (R-SC) said Feb. 15.

A judge for the US District Court for the District of Columbia ruled Feb. 16 that claims of unlawful treatment and wrongful death brought on behalf of two former Guantánamo Bay detainees are barred by the Military Commissions Act of 2006 (MCA). The two men, Yasser Al-Zahrani and Salah Ali Abdullah Ahmed Al-Salami, were among three detainees who allegedly hanged themselves in their cells in July 2006. The claim was brought against former US defense secretary Donald Rumsfeld and more than 100 military officers and personnel under the Alien Tort Claims Act. The defendants moved to dismiss the suit based on section 7 of the MCA, which removes the ability of federal courts to hear challenges to the treatment of aliens who have been "properly detained" as enemy combatants. Judge Ellen Huvelle found that since the two men had been properly detained, the court lacked jurisdiction to hear the case. (Jurist, Feb. 17)