Further information on UA: 125/09 Index: AMR 51/076/2010 USA Date: 25 August 2010
USA MAY APPEAL ORDER TO RELEASE DETAINEE
US authorities are considering whether to appeal a federal court order to immediately release
Yemeni national Adnan Farhan Abdul Latif from the US Naval Base at Guantánamo Bay in Cuba
where he has been held without charge or trial since January 2002. Their deadline to seek an
appeal is 20 September.
On 21 July, Judge Henry Kennedy on the US District Court in Washington, DC, ordered the US administration to
“take all necessary and appropriate diplomatic steps to facilitate Latif’s release forthwith”. In his ruling, an
unclassified version of which was only made public on 16 August, Judge Kennedy found that the government had
failed to demonstrate “by a preponderance of the evidence” that Adnan Farhan Abdul Latif was “part of Al Qaeda or
an associated force” and therefore concluded that that his detention was unlawful. Judge Kennedy ordered the
Department of Justice to provide him with a “status report” on the case by 20 August.
On 20 August the Department of Justice informed Judge Kennedy that the government “is giving serious
consideration to an appeal of the Court’s ruling” and was “taking steps” to obtain a decision from the US Solicitor
General as to whether an appeal would be authorized. The Justice Department noted that the government had until
20 September, 60 days from the original order, to seek an appeal.
The fact that the US government appears not to have the evidence to sustain a judicial finding in its favour even
under the relatively low burden of proof it has to meet in the Guantánamo habeas corpus cases suggests that it is
not in a position to bring Adnan Farhan Abdul Latif to criminal trial where a higher standard of proof is required.
Amnesty International repeats its call on the USA to immediately release him unless it promptly charges him with
recognizable criminal offences for trial in US federal court.
PLEASE WRITE IMMEDIATELY in English calling on the US authorities to:
Not to appeal the US District Court order, issued on 21 July, to release Adnan Farhan Abdul Latif;
Immediately release Adnan Farhan Abdul Latif, unless it promptly charges him for trial in US federal court in
accordance with fair trial standards;
Provide him with access to effective redress and remedy for any human rights violations he has endured during
his time held in US custody.
PLEASE SEND APPEALS BEFORE 20 SEPTEMBER 2010 TO:
The White House
Office of the President
1600 Pennsylvania Avenue NW
Washington DC 20500, USA
Fax: + 1 202 456 2461
Salutation: Dear Mr President
Acting Solicitor General
US Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Fax: + 1 202 514 9769
Salutation: Dear Solicitor General
And copies to:
The Honorable Eric H. Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington DC 20530-0001
Fax: + 1 202 514 4507
Salutation : Dear Attorney General
Also send copies to diplomatic representatives accredited to your country. Please check with your section office if sending appeals after the above
date. This is the fourth update of UA 125/09. Further information: www.amnesty.org/en/library/info/AMR51/066/2010/en