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Rasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. [1]
It was a landmark decision in detainee rights. Rasul v Bush challenged an earlier precedent set in Johnson v. Eisentrager. Rasul concluded that the U.S., as a lessee, has 'extensive proprietary rights over Guantanamo Bay' that were exclusively granted in the 1903 lease. [16]
One of the results of the Rasul v. Bush ruling was the creation of the Office for the Administrative Review of Detained Enemy Combatants (OARDEC). OARDEC was responsible for the implementation of a one time Combatant Status Review Tribunal (CSRT) and annual Administrative Review Board (ARB) hearings.
In the summer of 2004, following the United States Supreme Court's ruling in Rasul v. Bush, the Department of Defense stopped transferring men and boys to Guantanamo. The Supreme Court determined that the detainees had to be given a chance to challenge their detentions in an impartial tribunal.
On 28 June 2004, the Supreme Court of the United States decided against the Government in Rasul v. Bush. [192] Justice John Paul Stevens, writing for a five-justice majority, held that the detainees had a statutory right to petition federal courts for habeas review. [193] That same day, the Supreme Court ruled against the Government in Hamdi v.
The Bush Presidency asserted that the captives had no right to appeal and that they were outside the US judicial systems. [21] Captives who had "next friends" willing to initiate the habeas corpus process filed appeals before US District Courts. Rasul v. Bush (2004) was the first appeal to make its way to the Supreme Court of the United States ...
It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision. The case was a continuation of the landmark Center for Constitutional Rights case Rasul v. Bush (2004). That decision determined that Guantanamo detainees had to be provided an opportunity before an impartial tribunal to challenge the grounds of their ...
Shafiq Rasul had been party to a major court challenge under a habeas corpus petition challenging his detention. In Rasul v. Bush (2004), the US Supreme Court ruled that detainees had the right to challenge their detention before an impartial tribunal, one of the first of several landmark cases related to operations at Guantanamo.