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Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah
''Secretary of State for Foreign and Commonwealth Affairs v Yunus Rahmatullah'' ''() UKSC 48'' was a 2012 judgment of the Supreme Court of the United Kingdom concerning the detention of Yunus Rahmatullah, a Pakistani citizen detained in Iraq, and later Afghanistan, who is alleged to have travelled to Iraq to fight for Al-Qaeda during the Second Iraq War.
==Facts==
Yunus Rahmatullah is a Pakistani citizen who was suspected of having travelled to Iraq to become a fighter for Al-Qaeda. He was detained in Iraq by British Special Air Service (SAS) forces in 2004, during the United States' occupation of Iraq. He was transferred to US military custody. Initially the US authorities held him in a prison in Iraq, but subsequently he was transferred to a US-operated prison in Afghanistan without the knowledge of the UK government. These actions were contrary to a 2003 memorandum of understanding between the US and UK, which provided that persons captured in Iraq by the UK and later transferred to US custody could not be subsequently taken out of Iraq without agreement from the UK and that detained persons captured by the UK and transferred to US custody would be returned to the UK upon UK request.〔(【引用サイトリンク】title=Press Summary: Secretary of State for Foreign and Commonwealth Affairs and another (Appellants) v Yunus Rahmatullah (Respondent) and Secretary of State for Foreign and Commonwealth Affairs and another (Respondents) v Yunus Rahmatullah (Appellant) () UKSC 48 (Cross Appeal) )〕 On behalf of Rahmatullah, lawyers from the human rights group Reprieve argued that the UK government should apply pressure on the US government to release him and that a writ of habeas corpus issued by the Court of Appeal should apply to him based on the memorandum of understanding. Lawyers for the UK government argued that they had no power to direct the United States to release Rahmatullah.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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