Yunus Rahmatullah is a citizen of
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
arrested in
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
by British forces in 2004 and then rendered to a US prison in Afghanistan where he was secretly held without charge or trial for at least seven years.
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The legal charity
Reprieve said: "Rahmatullah had been unable to contact his family or a lawyer and was in a legal black hole".
Rahmatullah's mother, Fatima, said: "Our family was shocked when we learnt that the British Government might have been behind Yunus's disappearance. My plea to the British Government is simple: Tell me whether you picked my son Yunus up, and gave him to the Americans. It is my basic right as a mother to know whether my son is still alive. I cannot bear further suspense. You have the power to help me recover my disappeared child."
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Request for release in Pakistani court
After seven years Rahmatullah's family asked the Lahore Court in Pakistan to secure his immediate release. Reprieve's Legal Director Cori Crider said: "We hope that tomorrow the families of seven Pakistanis languishing in Bagram may finally get some answers from Lahore's High Court. After years of grief these mothers deserve to know how and why their sons - including an innocent 14-year-old kid - have not been brought home by the government of Pakistan."
Request for release in UK courts
The Court of Appeal by the Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
, Lord Neuberger, Lord Justice Maurice Kay and Lord Justice Sullivan granted a writ of habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
to Rahmatullah on December 14, 2011.[
]
They determined that because he was captured in Iraq by British Forces the UK justice system had standing to rule on his detention.
Lord
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or ar ...
David Neuberger
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lo ...
, the senior judge on the three-judge panel, said there was:
The Court of Appeal agreed Rahmatullah's detention was "unlawful" and ordered Britain to pursue his release until 18 January 2012.
Supreme Court judgment
References
{{DEFAULTSORT:Rahmatullah, Yunus
Living people
Pakistani people imprisoned abroad
Bagram Theater Internment Facility detainees
1982 births
Prisoners and detainees of the British military