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US: Supreme Court to Review Habeas Challenges of US Dual Citizens Held in Military Custody in Iraq

Geren v. Omar and Munaf v. Geren amicus brief

On March 25, 2008, the Supreme Court will hear oral arguments on the case of two US citizens currently detained by the US military in Iraq, and whom the US wants to turn over to Iraqi authorities for further detention and proseuction. At issue is the jurisdiction of US courts to hear challenges brought by US citizens held in US custody overseas and to intervene to protect likely transfer to torture. Human Rights Watch, along with other human rights and civil rights organizations, warn of the likelihood that these men could be subjected to torture if transferred to the Iraqis and urge the Supreme Court to allow their court challenge of the transfer to go forward.

On March 25, 2008, the Supreme Court will hear oral arguments on the case of two US citizens currently detained by the US military in Iraq, and whom the US wants to turn over to Iraqi authorities for further detention and proseuction. At issue is the jurisdiction of US courts to hear challenges brought by US citizens held in US custody overseas and to intervene to protect likely transfer to torture. Both detainees -- Shawqi Ahmad Omar, a dual US-Jordanian citizen, and Mohammad Munaf, who holds both US and Iraqi citizenship -- have expressed strong fears that they will be tortured and abused if turned over to Iraqi custody.

In this amicus brief, Human Rights Watch, along with other human rights and civil rights organizations, warn of the likelihood that these men could be subjected to torture if transferred to the Iraqis and urge the Supreme Court to allow their court challenge of the transfer to go forward.

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