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President George W. Bush RE: Indefinite detention without trial of any American citizen is unacceptable!Dear President Bush, As concerned American citizens and taxpayers, we are extremely disturbed that Ali Saleh Kahlah al-Marri continues to be held indefinitely in military custody in South Carolina without charge or trial. Mr. al-Marri, a Qatari national and U.S. immigrant, has been held in U.S. military custody without charge or trial since June 2003 under an executive order designating him an “enemy combatant.” Initially arrested in December 2001 and charged with fraud and making false statements, he remains in conditions of extreme isolation in a military prison. He had reportedly entered the U.S. legally with his wife and five children on September 10, 2001, to pursue post-graduate studies. Mr. al-Marri has filed an appeal in federal court challenging the lawfulness of his detention. In November 2006 your administration filed a motion seeking to have his appeal dismissed on the grounds that the federal courts no longer had jurisdiction in the case. The government based its motion on the Military Commissions Act of 2006, which contains troubling provisions that violate the foundations of American justice, including one that strips the right of federal courts to hear habeas corpus appeals or other claims brought by “enemy combatants” regardless of location. Mr. al-Marri reportedly can have no contact with anyone from the outside world other than his attorneys and occasional visits from representatives of the International Committee of the Red Cross. A complaint filed in federal court in August 2005 described how Mr. al-Marri’s physical and mental state had deteriorated due to his conditions of confinement. We strongly urge you to see to it that Ali al-Marri is charged with a recognizable criminal offense and brought to trial without further delay, in accordance with international law and standards, or else released. We also urge you to alleviate his conditions of incarceration so that he is not held in isolation and is allowed visits from and communication with his family. Court oversight of the detention and treatment of people in custody is a fundamental protection against arbitrary detention or cruel treatment. All detained persons are entitled to basic legal safeguards, including the right to habeas corpus. Please immediately seek amendments to the Military Commissions Act that restore these safeguards in conformity with international law. Most Sincerely,
copy to: The Honorable Senator Patrick Leahy
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