Salim Ahmed Ham­dan. Source: New York Times.

Two cases related to the Guan­tanamo Bay detainees and their treat­ment are mak­ing their way through the court sys­tem now and may be reviewed by the Supreme Court soon.

The first, Jose Padilla v. John Yoo, was the sub­ject of Michael’s arti­cle this morning.

The sec­ond case is being heard (or maybe not, see below) by the D.C. Cir­cuit Court and may well move to the Supreme Court next term.

Salim Ahmed Ham­dan is a Yemeni national who, intel­li­gence offi­cials say, served as a dri­ver for Osama bin Laden. He was detained by Afghan forces in Novem­ber 2001 and held with other sus­pected ter­ror­ists at Guan­tanamo Bay.

In 2006, his case (Ham­dan v. Rums­feld) was heard by the Supreme Court, which ruled that the sys­tem of mil­i­tary tri­bunals cre­ated by Con­gress was uncon­sti­tu­tional because it did not prop­erly fol­low the Geneva Con­ven­tion. The present case is unre­lated to the first; the only com­mon fea­ture is that it fea­tures the same peti­tioner. (more…)