From Center on Constitutional Rights | Original Article

Tomorrow, our client, Guantánamo prisoner Guled Hassan Duran, will have his case heard before a Periodic Review Board that will determine whether to clear him for release or transfer. Mr. Duran was captured in 2004 while traveling to Sudan for surgery after being seriously injured by gunfire in a fight with gang members trying to steal his motorcycle. He was held in secret detention by the CIA, and flown to several locations before arriving in Guantánamo almost two years later. Throughout his captivity, the CIA withheld medical attention for his gunshot wound in an effort to coerce him to cooperate, including acting as a spy. Mr. Duran is among a group of prisoners who are not cleared for release, but whom the government has also said it will not charge—essentially claiming authority to detain him for the rest of his life. We have urged the PRB to clear him for release, to end more than a decade of legal limbo. Meanwhile, we continue to directly challenge the legality of Mr. Duran's detention in federal court, arguing that his capture and detention were never legal under the Authorization for the Use of Military Force, and that, whatever the initial justification for detaining him, it has long since expired.