2005.10.26 - PEGC Extra ========================= 1) JUDGE KESSLER'S OPINION & ORDER IN AL-JOUDI There was a small but significant victory in the detainee cases today. US District Judge Gladys Kessler issued a 21-page opinion which found: "The Supreme Court has granted Petitioners the right to challenge their detentions. In order to do so in a meaningful way, they must have access to counsel and to the Court. Such access is particularly necessary where a detainee’s life and health are in serious danger. "Accordingly, balancing the imminent and irreparable harm Petitioners face, as well as their right to counsel, which requires that counsel be able to communicate with them, against the lack of any prejudice to the Government and our national security interests, as well as the minimal burden placed on personnel at Guantanamo, the Court concludes that Petitioners are entitled to the following limited relief: (1) The Government shall provide notice to Petitioners’ counsel within 24 hours of the commencement of any forced feeding of their clients; (2) For those Petitioners who are being force fed, the Government shall provide to Petitioners’ counsel: a. medical records spanning the period beginning one week prior to the date forced feeding commenced; and b. provision of medical records shall continue, at a minimum, on a weekly basis until forced feeding concludes." See: USDC D.D.C. -- Al-Joudi v. Bush, CA No. 05-0301 (GK) Al-Marri v. Bush, CA No. 04-2035 (GK) Al-Adahi v. Bush, CA No. 05-0280 (GK) Al Razak v. Bush, CA No. 05-1601 (Gk) October 26, 2005 MEMORANDUM OPINION Hon. Gladys Kessler, US District Judge http://pegc.no-ip.info/archive/Al-Joudi_v_Bush/opinion_GK_20051026.pdf ORDER: http://pegc.no-ip.info/archive/Al-Joudi_v_Bush/order_GK_20051026.pdf * Yesterday there was a related filing in these cases with some further statements by detainees in the Al Odah case, see: http://pegc.no-ip.info/archive/Al-Joudi_v_Bush/pet_notice_20051025.pdf http://pegc.no-ip.info/archive/Al-Joudi_v_Bush/pet_notice_20051025_ex_A.pdf http://pegc.no-ip.info/archive/Al-Joudi_v_Bush/pet_notice_20051025_ex_B.pdf http://pegc.no-ip.info/archive/Al-Joudi_v_Bush/pet_notice_20051025_ex_C.pdf http://pegc.no-ip.info/archive/Al-Joudi_v_Bush/pet_notice_20051025_ex_D.pdf http://pegc.no-ip.info/archive/Al-Joudi_v_Bush/pet_notice_20051025_ex_E.pdf 2) PEGC WEBSITE STATUS The PEGC website is back online, but there have been some problems with space allocations so I haven't been able to move the whole archive to the new server yet. That will hopefully get taken care of today, but otherwise it's pretty much up and running. The old URL now redirects to the new one at: http://www.justicescholars.org/pegc/ But that's most likely only going to be temporary until I get my own domain name. www.PEGC.org is taken, but I'm considering www.PEGC.info and I'm open to suggestions. Regards, Charly Charles Gittings Lake Chelan * * *