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Issue 355 / 8th November 2008

 

Suicide bombers strike in Somaliland

 

Africa's Best Kept Secret

Our Trip to Somaliland

Front Page
News Headlines
Gitmo Detainee Transferred To Somaliland
UNICEF Deplores Stoning Of Child Rape Victim
Somalia Government Seeks Control Of .So Domain
Ethiopia Issues Terror Warning
Child Of 13 Stoned To Death In Somalia
Somalia : Yes We Can!
A Philanthropic UAE Sheikh Sends Assistance To The Victims Of Hargeysa Bombing
Local and Regional Affairs
Obama Win Brings Hope To Africa , Church Leaders Say
DC Circuit Suspends Status Review For Yemeni Held At Guantanamo
New US President Offers Hope On Global Poverty, Says Progressio
Former Somali Prime Minister To Turn For Puntland President
Somalia 's Sheikh Sharif To Step Down As Islamic Courts Chief
Pentagon Transfers 3 From Guantánamo Prison Camps
North Yorkshire Force Plays Host To Foreign Officers Including Somaliland 's
DR Congo Violence Tops Monthly Report
SOMALIA : UN And Local Elders Slam Aid Worker Kidnap
Editorial
 
Obama's Election
Supporting Somaliland's Democracy Against The Terror Act ?
Somaliland & Unisa's Department of Religious Studies represented at London 's 2008 Think Tank of the
Features & Commentry
Speech Of Kerry McCarthy At The Somali Gang And Knife Conference In Bristol
Africa In An Obama Administration
Horn Of Africa 's Challenges Grow
A Land Of Opportunity
International News
 
Obama Meets With Economic Experts For Advice
Abdulqawi Ahmed Yusuf Elected To The International Court Of Justice For A Term Of Nine Years
‘Don't Go To Cops Or I Will Kill You'
Obama's Kenyan Grandmother Says Will Attend Inauguration
At First News Conference, Obama Promises Stimulus Push
Obama: Getting A Family Dog Isn't Easy

Opinion

The Presence Of The UN In Somaliland Is For The Benefits Of International Employees
An American Grandma Anxiously Awaiting Elections Results In Cowpens , South Carolina
Hargeysa 29/10 Suicide Bombings: Explanations?
We Stand United - The Diaspora Grieve Over Wednesday's Attacks
Somaliland - Growing Stronger As A State Within A State
Sympathy To The Victims Of The Recent Terrorists' Attacks In Somaliland From South Africa
EXCLUSIVE: Somalia 's Islamists Up Close and Personal

DC Circuit Suspends Status Review For Yemeni Held At Guantanamo
Andrew Morgan at 10:43 AM ET Wednesday, November 05, 2008

Photo source or description

[JURIST] A panel of the US Court of Appeals for the DC Circuit [official website] on Tuesday suspended [PDF text] its review of Guantanamo Bay detainee Yasin Muhammed Basardh's status as an "enemy combatant," saying it may lack jurisdiction over the case. Basardh had petitioned the court to review a Combatant Status Review Tribunal (CSRT) [DOD materials] determination that he could be held as an "enemy combatant," but the court said that provisions of the Detainee Treatment Act of 2005 (DTA) [text] that gave it authority to review the decision were likely at odds with a 2008 Supreme Court [official website] decision in Boumediene v. Bush [Duke Law backgrounder; JURIST archive ] giving federal district courts authority to review habeas corpus petitions by detainees. Reasoning that having dual forms of review would be redundant and contrary to both the intent of the DTA and the Supreme Court's ruling, the panel wrote:

There is no rational reason why, if Congress had known that habeas jurisdiction had to be preserved, it would have also wanted to give Guantanamo detainees the option of bringing a simultaneous action directly in the court of appeals. Congress designed the direct review regime to limit judicial intervention and to consolidate review in one forum......

We believe there is a high probability that a consequence of Boumediene's striking down the legislative bar against habeas jurisdiction is that the direct judicial review provision of the Detainee Treatment Act fell as well. It has long been the rule that if separate statutory provisions are so “dependent on each other, as conditions, considerations, or compensations for each other as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional, or connected must fall with them.”

SCOTUSblog has more .
The decision is the latest in a series of judicial challenges to current US detention rules. In October, Judge Richard Leon [official profile] of the US District Court for the District of Columbia [official website] ruled [order, PDF; JURIST report ] that in order to be validly held as an "enemy combatants," Guantanamo Bay detainees [JURIST news archive] must have directly supported hostilities against the US or its allies.

 

 

 




         

Somaliland Times Newspaper: Publisher Haatuf Media Network, Published in Hargeysa, Somaliland

          

Editor in Chief: Yusuf Abdi Gabobe.

Assist-Editor: Abdifatah M Aideed


Somaliland Times Web Editor, Media and Technology specialist: Abdullah Mohamed Ahmed

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Hits since 25/02/2003

Any views or opinions are solely those of the author and do not necessarily represent those of Somaliland Times unless specifically stated.