A federal appeals court in Washington has set new ground rules that will make it more difficult for Guantánamo detainees to successfully challenge the legality of their open-ended detention.
The action comes in the case of a Yemeni national who served as a cook for an Arab paramilitary group in Afghanistan in 2001 and who said he never fired his gun or took any belligerent action against the US. Ghaleb Nassar Al-Bihani filed a habeas corpus petition, challenging the legality of his seven-year detention.
The three-judge panel ruled on Tuesday that Mr. Al-Bihani was being lawfully detained by the US military at Guantánamo.
The judges said they reached that conclusion based on Mr. Al-Bihani’s own statements to US officials about his connection with the 55th Arab Brigade. The Arab paramilitary group is described in the 25-page opinion as an ally of the Taliban and included Al Qaeda members within its command structure.
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