A judge for the US District Court for the District of Columbia Dec. 14 denied Yemeni Guantánamo Bay 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 of proving that he was a member of al-Qaeda. Madhwani has been detained at Guantánamo since October 2002.

The US Supreme Court on Dec. 14 declined to hear a lawsuit by four UK citizens and former Guantánamo Bay detainees against former US defense secretary Donald Rumsfeld and other military officials. The Court denied certiorari in Rasul v. Myers, leaving in tact a ruling by the US Court of Appeals for the DC Circuit.

The Obama administration asked the US Court of Appeals for the Ninth Circuit in San Francisco to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues. Such lawsuits ask courts to second-guess presidential decisions and pose "the risk of deterring full and frank advice regarding the military's detention and treatment of those determined to be enemies during an armed conflict," Justice Department lawyers said in arguments last week.

The US Department of Justice announced Dec. 9 that Kuwaiti Guantánamo Bay detainee Fouad al-Rabiah has been transferred to the control of the Kuwaiti government. Al-Rabiah, a Kuwaiti national, had been held at Guantánamo Bay for nearly eight years under suspicion of aiding al Qaeda and the Taliban. The transfer came after a judge in the US District Court for the District of Columbia in September granted al-Rabiah's habeas corpus petition and ordered his release. According to the DoJ, the "transfer was carried out under an arrangement between the United States and the government of Kuwait. The United States will continue to consult with the government of Kuwait regarding this individual."

A judge in the US District Court for the District of Columbia Dec. 10 found the US Department of Defense in contempt for failing to videotape the testimony of Yemeni Guantánamo Bay detainee Mohammed al-Adahi. Al-Adahi had petitioned for habeas relief in 2005, which the court granted in August, and Judge Gladys Kessler had directed the DoD to videotape the testimony at the merits hearing in June so that the public and news media could see it. The government failed to comply with that order, claiming it was "due to oversight and miscommunication."

The US Department of Justice announced Nov. 30 and Dec. 1 the transfer of four detainees from Guantánamo Bay to three European countries, as the detainee population at the detention facility continues to be reduced. Two of the former detainees, Tunisian natives Adel Ben Mabrouk and Mohamed Riadh Ben Nasri, were transferred to Italy and will stand trial there. The other detainees include an unidentified Palestinian man transferred to Hungary, the first to be accepted under the agreement forged between the US and Hungary in September, and an Algerian, Saber Lahmar, who was transferred to France. It is unclear when the Italian trial will begin, though Italian authorities may be waiting for transfer of a third Tunisian man. (Jurist, Dec. 1)

The US Supreme Court Nov. 30 vacated a decision by the US Court of Appeals for the Second Circuit that required the Pentagon to release photos of abused detainees in Iraq and Afghanistan. The Court remanded Department of Defense v. ACLU for further consideration under Section 565 of the Department of Homeland Security Appropriations Act, 2010. The Act gives the Secretary of Defense the ability to prevent certain protected documents from being made public.

The UK's High Court ruled Nov. 19 that documents on the detention of Binyam Mohamed in Pakistan in 2002 must be released. This most recent decision is the latest in a series of back-and-forth rulings on whether redacted materials regarding Mohamed's detention should be disclosed. An October interim ruling by Lord Justice Thomas and Justice Lloyd Jones resulted in a redacted release, which the High Court indicated it would revisit after receiving submissions from both the Foreign & Commonwealth Office (FCO) and Mohamed.