Dhiab v. Obama, Civil Action No. 05–1457(GK).

Decision Date08 July 2013
Docket NumberCivil Action No. 05–1457(GK).
Citation952 F.Supp.2d 154
PartiesJihad DHIAB, Petitioner, v. Barack OBAMA, et al., Respondents.
CourtU.S. District Court — District of Columbia

OPINION TEXT STARTS HERE

Cori Crider, Ahmed Ghappour, Tara L. Murray, London, UK, Shayana Devendra Kadidal, New York, NY, for Petitioner.

Scott Michael Marconda, Terry Marcus Henry, Alexander Kenneth Haas, Andrew I. Warden, August Edward Flentje, David Hugh White, James J. Schwartz, Julia A. Berman, Kathryn Celia Davis, Patrick D. Davis, Robert J. Prince, U.S. Department of Justice, Washington, DC, for Respondents.

MEMORANDUM ORDER

GLADYS KESSLER, District Judge.

Petitioner, Jihad Dhiab, has filed an Application for Preliminary Injunction Against Force–Feeding [Dkt. No. 175]. Upon consideration of the Application, the Government's Opposition [Dkt. No. 178], Petitioner's Reply [Dkt. No. 181], and the applicable case law, the Court concludes that the Application shall be denied for the following reasons. Petitioner seeks in his Application to enjoin the Government from continuing to subject him to force-feeding of any kind, including forcible nasal gastric tube feeding, and from administering medications related to force-feeding without his consent. In addition, he has requested expeditious consideration of the Application because of the imminent risk that the force-feeding during the day will deprive him of the Ramadan fast, which commences this year on July 8, 2013.1

Petitioner has been detained at Guantanamo Bay for 11 years, despite having been cleared for release in 2009. At no time during these 11 years has he had any hearing on the merits of his habeas petition, nor any military commission proceeding to determine the merits of his case. Due to certain actions taken by Congress, Guantanamo Bay has not been closed, and Petitioner's detention has, for all practical purposes, become indefinite.

On February 10, 2009, this Court issued Al–Adahi v. Obama, 596 F.Supp.2d 111 (D.D.C.2009). In that case, Petitioner had filed a Renewed Emergency Motion to Enjoin the Force–Feeding to which he was being subjected. For all practical purposes, the facts in Al–Adahi, which the Court found after a long Motion Hearing, are close to identical to the facts presented by Petitioner in this case. In Al–Adahi, the Court concluded that it “lacks jurisdiction and therefore does not have the authority to grant the relief” being requested. Id. at 117. The Court made it perfectly clear in that Opinion that it was required to reach that conclusion “if it is to carry out its obligation to faithfully follow the rule of law.” Id.

There has been no material change in either the background facts or the applicable legal principles since issuance of the Al–Adahi Opinion. 28 U.S.C. § 2241(e)(2) still states that:

[N]o court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant.

Consequently, the Court feels just as constrained now, as it felt in 2009, to deny this Petitioner's Application for lack of jurisdiction. The Court also feels constrained, however, to note that Petitioner has set out in great detail in his papers what appears to be a consensus that force-feeding of prisoners violates Article 7 of the International Covenant on Civil and Political Rights which prohibits torture or cruel, inhumane, and degrading treatment.

In addition, Petitioner cites in detail statements of the American Medical Association, the World Medical Association, the UN High Commissioner for Human Rights, the UN Rapporteur on Human Rights and Counter–Terrorism condemning the...

To continue reading

Request your trial
3 cases
  • Dhiab v. Trump
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • March 31, 2017
    ...motion for a preliminary injunction, finding that it lacked habeas jurisdiction to correct conditions of confinement. Dhiab v. Obama , 952 F.Supp.2d 154, 155 (D.D.C. 2013). On appeal, a panel of this court held that a Guantanamo habeas petitioner may seek not only relief from confinement, t......
  • Aamer ex rel. Aamer v. Obama
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • February 11, 2014
    ...to have been properly detained as an enemy combatant,” she rejected the request for a preliminary injunction. Dhiab v. Obama, 952 F.Supp.2d 154, 155 (D.D.C.2013) (unpublished) (quoting 28 U.S.C. § 2241(e)(2)). She also observed, however, that “it is perfectly clear ... that force-feeding is......
  • Thermal Dynamics Int'l, Inc. v. Safe Haven Enters., LLC
    • United States
    • U.S. District Court — District of Columbia
    • July 8, 2013
    ... ... SAFE HAVEN ENTERPRISES, LLC, et al., Defendants. Civil Action No. 13–721 (CKK). United States District Court, ... ...
3 books & journal articles
  • Part two: case summaries by major topic.
    • United States
    • Detention and Corrections Caselaw Quarterly No. 62, February 2015
    • February 1, 2015
    ...and (4) the public interest favored denying the stay. (California) U.S. District Court ALIENS FOOD MEDICAL CARE Dhiab v. Obama, 952 F.Supp.2d 154 (D.D.C. 2013). An alien who was engaged in a voluntary hunger strike while detained at the U.S. Naval Base at Guantanamo Bay, Cuba, moved for a p......
  • Part two: case summaries by major topic.
    • United States
    • Detention and Corrections Caselaw Quarterly No. 62, February 2015
    • February 1, 2015
    ...professionals. (Williamson County Jail, Illinois) U.S. District Court INVOLUNTARY MEDICATION INVOLUNTARY NOURISHMENT Dhiab v. Obama, 952 F.Supp.2d 154 (D.D.C. 2013). An alien who was engaged in a voluntary hunger strike while detained at the U.S. Naval Base at Guantanamo Bay, Cuba, moved fo......
  • Part one: complete case summaries in alphabetical order.
    • United States
    • Detention and Corrections Caselaw Quarterly No. 62, February 2015
    • February 1, 2015
    ...County Jail, Illinois) Aliens, Food, Medical Care Hunger Strike Involuntary Medication, Involuntary Nourishment Dhiab v. Obama, 952 F.Supp.2d 154 (D.D.C. 2013). An alien who was engaged in a voluntary hunger strike while detained at the U.S. Naval Base at Guantanamo Bay, Cuba, moved for a p......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT