Saleh Abdall Al Oshan v. George W. Bush

Saleh Abdall Al Oshan v. George W. Bush (Civil Action No. 05-CV-0520) is a writ of habeas corpus filed on behalf of six Saudi Guantanamo captives: Saleh Al-Oshan, Zaben Al Shammari, Abdullah Al Otaibi, Fahd Nasser Mohamed, Musa Al Wahab, and Abdul Rahman Shalabi, before US District Court Judge Ricardo M. Urbina.

The petition was filed on March 14 2005.

The United States Department Of Defense reported three captives died in custody on June 10, 2006. The Department of Defense asserted the men committed [...], but has withheld the forensic evidence required to substantiate this claim. Following the men's deaths camp authorities seized all the captives' papers, including their habeas corpus documents. The published record states that camp authorities seized all six men's habeas documents.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".

Re-initiation

On July 18, 2008 Julia Tarver Mason filed a motion to renew Abdul Rahman Shalabi's habeas corpus petition. The petition stated that the other five men were all repatriated to Saudi Arabia in 2005, 2006 or 2007.

On 8 December 2008 Shayana D. Kadidal and other lawyers associated with the Center for Constitutional Rights and Paul E. Ohern and other Department of Justice officials submitted a Joint Status Report on behalf of Shalabi and several other captives. According to the Joint Status Report:

{| class="wikitable" border="1"

|

• ''"Because Respondents’ conclusory statement of legal justification provides no explanation of why the Government is entitled to detain Mr. Shalabi and the Government’s process in collecting and sharing exculpatory evidence did not comply with the CMO, Mr. Shalabi maintains that neither of these documents satisfy Respondents’ obligations under the CMO."

|}