The detainee was declared an “enemy combatant” and is in a secret prison
The Federal court demanded that the administration granted trump the American civil liberties Union (ACLU) access to the American who suspected that he fought on the side of “Islamic state”, and which are contained in the secret American military prison in Iraq more than three months.
In a decision released on Saturday evening, district judge Tanya Chutkan refused government requests to dismiss the ACLU challenging the detention of this man. The court rejected the argument that the organization has no legal standing on the case.
Chutkan decided that the Ministry of defence must ensure that human rights defenders “temporary, immediate access [to the detainee] without observation”, so they can determine if he wants the ACLU filed on his behalf a petition of “habeas corpus” and provided him with legal assistance. With the help of such petition, the person may apply to the court to consider the question of the legality of his detention.
In mid-September, the detainee surrendered to US-backed Kurdish fighters in Syria, who developed the attack on former stronghold of the Islamic state, Raqqa. He was transferred to the U.S. military, which described it as a “enemy combatant” and transferred to a secret facility in Iraq, said the judge’s ruling Chutkan.
Not counting the two visits of the representatives of the International Committee of the red cross, the detainee was in contact only with the American government
The judge noted that the summary dated 30 November, the Ministry of defense reported that in conversation with the FBI agent the detainee said he wanted to he was provided a lawyer.
Chutkan called “hypocritical” arguments of the Pentagon that the ACLU has no legal standing in this case, as representatives of the organization met with the detainees and are unable to prove that he wants the organization submitted a petition of “habeas corpus” in his name.
The Ministry of defence is the “only obstacle” to access to the detainee the ACLU, said the judge.
It is also called a “remarkable and disturbing” the Pentagon’s assertion that the detainee’s request about granting of a lawyer should be ignored as long as the military does not decide what to do with it, and whether to provide him a lawyer.
Chutkan forbade the defense Department to transfer an inmate to another location as long as representatives of the ACLU will not be able to talk to him and will inform the court about his wishes.