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BOUMEDIENE v BUSH - Cornell Legal Information Institute

BOUMEDIENE v BUSH - Cornell Legal Information Institute 2025

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The document is a legal opinion from the U.S. District Court for the District of Columbia regarding the habeas corpus petitions of six detainees held at Guantanamo Bay, Cuba. The court examines claims that the detainees are unlawfully detained as 'enemy combatants' by the U.S. government. After hearings and review of classified evidence, the court concludes that five of the petitioners are entitled to release due to insufficient evidence supporting their detention, while one petitioner, Belkacem Bensayah, is found to be lawfully detained based on credible evidence linking him to al-Qaida activities.

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Why is it called habeas corpus?

The literal meaning of habeas corpus is you should have the body. Commonly referred to as the Great Writ, habeas corpus is most often associated with an action asserting ineffective assistance of counsel by petitioners challenging the legality of their conviction, but there are several other uses.

Is there habeas corpus in Guantanamo?

Boumediene v. Boumediene ruled that Guantanamo detainees were able to bring about a petition for a writ of habeas corpus in U.S courts and established that the judicial branch of government has the final say on unlawful detentions, rather than the Executive branch as the Bush administration had been implementing.

What is the habeas corpus petition?

The high prerogative writ of habeas corpus is a speedy and effectual remedy to relieve persons from unlawful restraint. It secures the prisoner the right to have the cause of his detention to be examined and determined by the Court of Justice and have it ascertained whether he is held under lawful custody.

What did the Supreme Court find in Boumediene v. Bush?

In Boumediene v. Bush (2008), the Supreme Court had ruled for the first time that Guantnamo detainees were entitled to submit habeas corpus petitions directly to federal judges in Washington to determine whether the U.S. government had enough evidence to justify their continued open-ended detention without charge.