Almurbati v. Bush

Six Bahraini nationals (plaintiffs) being held at Guantanamo Bay as enemy combatants by the United States government (the Government) (defendant) filed a petition for habeas corpus, seeking release from the prison. As part of the petition, the plaintiffs filed a motion for a preliminary injunction forbidding the Government to transfer any of the plaintiffs out of the prison without 30 days’ notice to the court and counsel. The plaintiffs presented news reports that alleged that the Government is planning to reduce the prisoner population at Guantanamo Bay by half by transferring hundreds to prisons in Saudi Arabia, Afghanistan, and Yemen. The news reports also state that the Government has repeatedly transferred prisoners to countries that employ inhumane interrogation techniques. Finally, the plaintiffs allege that they were told by unnamed officials that they were going to be sent to a prison where they would be raped or turned into women. The Government responded with sworn declarations from high-level officials, stating that the Government consults with several agencies to ensure that transfers are not made that would result in torture or inhumane treatment. The declarations also stated that assurances of humane treatment are sought when required by the circumstances, and prisoners will not be transferred if concerns about mistreatment are not resolved. Additionally, all transfers from Guantanamo Bay, over 200 prisoners, have been back to the prisoners’ home country.