Supreme Court Refuses To Hear Hamdan Appeal

By Andrew Benfield
Impunity Watch Reporter, North America

WASHINGTON, DC, United States of America- On October 1, 2007, the United States Supreme Court refused to hear an appeal by Salim Ahmed Hamdan.  Hamdan requested that his case be coupled with two other Guantanamo Bay prisoner cases that are expected to be heard in December of 2007.  These prisoners are challenging a law that strips the prisoners of the right to have a federal judge to review their detention at the United States military base in Guantanamo Bay, Cuba.  The Supreme Court’s refusal to hear Hamdan’s appeal leaves Hamdan with the possibility of facing a military tribunal for his alleged role as driver and bodyguard for Osama bin Laden.

In 2006, Hamdan, an “unlawful enemy combatant” held at Guantanamo Bay, challenged President Bush’s establishment of the first military commission.  In Hamdan v. Rumsfeld, the Supreme Court held that the first military commission exceeded the President’s expressed authority under the Constitution.  Furthermore, the Court held that the military commissions “violated U.S. military law and the Geneva Conventions” (Human Rights First).  The Supreme Court ruling reduced Hamdan to an “enemy combatant” and forced Congress to pass the Military Commissions Act in late 2006. 

The Military Commissions Act of 2006 authorized the President to set up military commissions to prosecute enemy combatants who take part in hostilities against the United States.  The Act defines an “alien unlawful enemy combatant” as a person who “engages in hostilities or has purposefully and materially supported hostilities” against the United States (Department of Defense).  In addition, a person may fit the definition if the Combatant Status Review Tribunal determines that this person is an unlawful enemy combatant (Department of Defense).  The Military Commissions Act has drawn criticism because it denies the affected detainees a trial in civilian courts.  Military tribunals, set up under the Military Commissions Act, admit hearsay evidence during trials while civilian courts do not accept hearsay evidence. 

There is some speculation that the Supreme Court’s refusal to hear Hamdan’s appeal is due to a pending ruling in a United States appeals court.

For more information, please see: 

Yahoo! News - U.S. Top Court Won't Hear Guantanamo Prisoner's Case - 1 October 2007

Human Rights First - The Case of Salim Ahmed Hamdan - Unspecified Date

Trial Watch - Salim Ahmed Hamdan - 1 October 2007

United States Department of Defense - Military Commissions Act - 8 February 2007