Circumstances of Capture
The various plaintiffs came to be in Guantanamo Bay by different routes, but were generally captured or arrested during the U.S. invasion of Afghanistan.
The US Military transferred Rasul, Asif Iqbal and David Hicks, who denied voluntarily joining any terrorist forces, to Guantanamo Bay in December 2001. As noted by the District Court, they did not deny having fought for the Taliban, but claimed that if they did take up arms, it was only when being attacked and in self-defense. Rasul and Iqbal say they were with the Taliban because they were taken captive. Hicks is silent on the matter in court filings, but his father, in filing the brief, stated that he believed that his son had joined the Taliban forces.
The twelve Kuwaitis claimed that they were in Pakistan and Afghanistan giving humanitarian aid, and were seized by villagers seeking bounties. They were transferred to Guantanamo Bay starting in January 2002.
Mamdouh Habib was arrested by Pakistani authorities on October 5, 2001, two days before the fighting began.
Read more about this topic: Rasul V. Bush
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