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You can find the current article at its original source at https://www.theguardian.com/world/2017/oct/05/aclu-habeas-corpus-american-isis-iraq-syria
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ACLU seeks writ of habeas corpus over American held by US military in Iraq | ACLU seeks writ of habeas corpus over American held by US military in Iraq |
(4 months later) | |
Unnamed American is alleged to have been captured fighting for Isis | |
Move to bring man before civilian court will test Trump administration stance | |
AFP in Washington | |
Thu 5 Oct 2017 19.07 BST | |
Last modified on Thu 5 Oct 2017 20.22 BST | |
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The American Civil Liberties Union has moved to force the US military to bring to civilian court an American being held in Iraq for allegedly fighting for the Islamic State group. | The American Civil Liberties Union has moved to force the US military to bring to civilian court an American being held in Iraq for allegedly fighting for the Islamic State group. |
The US rights group petitioned the federal court in Washington for a writ of habeas corpus that would force the defense department to bring the unidentified man to court and formally charge him. | The US rights group petitioned the federal court in Washington for a writ of habeas corpus that would force the defense department to bring the unidentified man to court and formally charge him. |
The move is aimed at compelling the military to bring the man – originally captured by local fighters in Syria about three weeks ago – into the civilian courts, preventing his being held in legally questionable military detention and possibly being sent to the Guantánamo Bay prison compound. | The move is aimed at compelling the military to bring the man – originally captured by local fighters in Syria about three weeks ago – into the civilian courts, preventing his being held in legally questionable military detention and possibly being sent to the Guantánamo Bay prison compound. |
The man “is an American citizen currently being unlawfully detained by the United States military in Iraq without charge, without access to counsel and without access to a court”, the ACLU said in a legal petition. | The man “is an American citizen currently being unlawfully detained by the United States military in Iraq without charge, without access to counsel and without access to a court”, the ACLU said in a legal petition. |
The man’s case is a test for the Trump administration’s stance on handling battlefield detainees, after the Obama administration halted the transfer of prisoners to Guantánamo and pushed to try them in the civilian justice system. | The man’s case is a test for the Trump administration’s stance on handling battlefield detainees, after the Obama administration halted the transfer of prisoners to Guantánamo and pushed to try them in the civilian justice system. |
While Donald Trump has in the past expressed willingness to resume using Guantánamo for new detainees captured in Afghanistan and Iraq as “enemy combatants”, the US nationality of the detained man raises additional legal questions. | While Donald Trump has in the past expressed willingness to resume using Guantánamo for new detainees captured in Afghanistan and Iraq as “enemy combatants”, the US nationality of the detained man raises additional legal questions. |
Earlier this week the International Committee for the Red Cross confirmed it had met the man to inspect the conditions of his detention after being invited by US forces. | Earlier this week the International Committee for the Red Cross confirmed it had met the man to inspect the conditions of his detention after being invited by US forces. |
But abiding by the conditions set before the meeting, the ICRC did not offer any details on his identity or situation. | But abiding by the conditions set before the meeting, the ICRC did not offer any details on his identity or situation. |
Islamic State | |
Guantánamo Bay | |
US military | |
news | |
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