Bahtiyar Mahnut - Petition To Be Moved From Solitary Confinement

Petition To Be Moved From Solitary Confinement

In early August 2008 US District Court Judge Ricardo M. Urbina declined to rule in favor of transferring six of the Uyghurs from Camp 6 where captives are held in solitary confinement to Camp 4 where they live in communal barracks with fellow captives. Urbina's nine page memorandum opinion addressed the needs of Hammad Memet, Khalid Ali, Edham Mamet, Bahtiyar Mahnut, Arkin Mahmud, Adel Noori.

What is clear is that no court has ever ruled that detainees, designated as enemy combatants, have a right to challenge the conditions of their confinement pursuant to the constitutional writ of habeas corpus. Furthermore, courts are reluctant to second-guess day-to-day operations of domestic prison facilities, especially when doing so intrudes upon the military and national security affairs. This deference combined with the paucity of evidence of irreparable injury and the petitioners' failure to articulate a specific constitutional right and standard from which to analyze the facts of this case presses the court to deny the petitioners' motion for a TRO and a preliminary injunction.

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