nationalsecuritylaw GTMO transfer of Algerian detainee (pursuant to habeas order)

* DOD announces transfer to Algeria of a detainee pursuant to a habeas order granted in November 2009

In Farhi Saeed Bin Mohammed v. Obama, 689 F.Supp.2d 38 (D.D.C. Nov. 19, 2009), Judge Kessler granted habeas relief. That detainee it appears has now been transferred back to Algeria (though note the name discrepancy). From the press release:

The Department of Defense announced today the transfer of Saiid Farhi from the detention facility at Guantanamo Bay to the Government of Algeria. Farhi was ordered released by the U.S. District Court for the District of Columbia on Nov. 19, 2009.

As directed by the President’s Jan. 22, 2009, executive order, the interagency Guantanamo Review Task Force conducted a comprehensive review of this case. As a result of that review, which examined a number of factors, including security issues, Farhi was approved for transfer by unanimous consent among all six agencies on the task force. In accordance with Congressionally-mandated reporting requirements, the administration informed Congress of its intent to transfer this individual.

The United States is grateful to the Government of Algeria for its willingness to support U.S. efforts to close the Guantanamo Bay detention facility. The United States coordinated with the Government of Algeria to ensure the transfer took place under appropriate security and humane treatment measures.

Today, 173 detainees remain at Guantanamo Bay.

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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