Sadkhan v. Bush

Sadkhan v. Bush (Civil Action No. 05-CV-1487) is a habeas corpus petition filed on behalf of Guantanamo captive Jawad Jabbar Sadkhan Al-Sahlani.

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 closed. However, on June 12 2008, in Boumediene v. Bush, that Combatant Status Review Tribunals were inadequate, and the outstanding habeas petitions were put back in motion.

Document seizure

Following the deaths in custody of three captives on June 10 2006 camp authorities seized captive's papers, including their copies of their 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.

Renewed petition

On July 18, 2008 Jeffrey D. Colman renewed Jawad's petition, noting that he is an Iraqi Shiite Muslim. Colman works for Jenner & Block, LLP.

Jawad had also initiated an appeal under the Detainee Treatment Act 07-1149.

Jawad's petition asserts that the Department Of Defense continues to withhold exculpatory evidence.

On 31 October 2008 Colman filed a "PETITIONER’S OPPOSITION TO RESPONDENTS’ MOTION FOR LEAVE TO FILE AMENDED FACTUAL RETURN" on behalf of Jawad's. Colman told the Court that Department of Justice was behaving in bad faith. Among the reasons were that:

• On 17 October 2008 Department of Justice officials had filed a classified factual return. The rules required each filing be signed by a lawyer. But no Department of Justice official had signed this recent filing.
• The Department of Justice was required to promptly file an unclassified version. Their failure to do so stripped Jawad of any opportunity to participate in his own defense. The government had even classified documents written by Jawad's lawyers, meaning they could not be discussed with him.
• Colman objected to the 17 October amended factual return claiming that the government had new evidence to justify Jawad's detention. He stated that only evidence initially used in 2004 could be used to justify his detention.
• Colman reported that camp authorities had continued to interrogate Jawad even after he had legal representation, and they had been informed that he was no longer going to answer questions.