Ali Shah Mousouvi v. George W. Bush
Ali Shah Mousouvi v. George W. Bush (Civil Action No. 05-cv-1124) is a writ of habeas corpus filed on behalf a several Guantanamo captives.
The lead petitioners on this petition included: Carolyn M. Welshhans, R. Michael Smith and Rebecca [...] of Dechert LLP.'''
Seized papers
On June 10 2006 the Department Of Defense reported the deaths in custody of three captives. They asserted the three men committed [...]. And they seized all the captives' habeas documents, based on a suspicion that the captives' habeas attorneys had coordinated the men's deaths. Habeas corpus petitioners amalgamated with Mousouvi v. Bush who had their papers seized in June 2006 included:
- {| class="wikitable" border="1"
|+ Petitioners amalgamated with Mousouvi v. Bush who had their legal documents seized |- | 560 || Wali Mohammed Morafa ||
- Habeas petition filed on June 7 2005.
- From Baghlan Province, but has lived in Pakistan since 1978. Claims he was arrested based on a denunciation by someone who owed him money
|- | 798 || Haji Rohullah Wakil ||
- Nominally transferred to Afghan custody in a wing of the Pul-e-Charkhi prison built by the USA, to a US design, staffed by guards selected by, trained by, and paid by the USA.
|- | 801 || Sabar Lal || |- | 977 || Izaatullah Nusrat ||
- Izaatullah Nusrat is Nasrat Khan's son.
- Izaatullah Nusrat was not captured because he was affiliated with the Taliban or Al Qaida. He was not captured on the battlefield. He was captured while guarding an armory. He was appointed to maintain this armory by Rahim Wardak -- who the CSR Tribunal allegations identified as an official of the Afghan Ministry of Defense. In fact Wardak was then the Deputy Minister of Defense, and is now the Minister of Defense.
|- | 1009 || Haji Nasrat Khan ||
- Nasrat Khan is Izaatullah Nusrat's father.
- Nasrat Khan did fight Afghanistan's foreign invaders -- during the Soviet invasion of Afghanistan -- until he suffered a debilitating stroke in 1988.
- Nasrat Khan was captured when he traveled to the American prison where his son was being held, to inquire why he was being held.
|- | 1043 || Abdul Razak Iktiar Mohammed || |- | 1154 || Ali Shah Mousovi || |}
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.