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Several dozen Bagram captives have had Bagram habeas corpus petitions submitted on their behalf. US District Court Justice John D. Bates ruled that captives captured in Afghanistan were not eligible to submit habeas corpus petitions -- only non-Afghans, captured outside of Afghanistan were eligible.
- "Backward at Bagram". New York Times. 2010-05-31. Retrieved 2012-05-27.
Judge Bates recognized that Bagram is in an active theater of war, and habeas corpus traditionally has not applied to detainees abroad in zones of combat. But his ruling also recognized that the logic of exempting prisoners of war from judicial review cannot apply to a detainee who is imported to the war zone.
- Charlie Savage (2010-05-21). "Detainees Barred From Access to U.S. Courts". New York Times. Retrieved 2012-05-27.
But a three-judge panel of the United States Court of Appeals for the District of Columbia ruled unanimously that the three had no right to habeas corpus hearings, in which judges would review evidence against them and could order their release. The court reasoned that Bagram was on the sovereign territory of another government and emphasized the "pragmatic obstacles" of giving hearings to detainees "in an active theater of war."