Detained Taliban Medic Loses Bid for Review

WASHINGTON (CN) - A Guantanamo detainee who says he is medical personnel failed Monday to persuade the Supreme Court to take up his case.

In previously rejecting the habeas petition of Mukhtar Al Warafi, a federal judge in Washington had found that Al Warafi "was more likely than not part of the Taliban," and "is being lawfully detained."

The D.C. Circuit had mostly affirmed that opinion but requested further proceedings on the issue of whether the First Geneva Convention affords Al Warafi protection, even if he was a part of the Taliban, because he served "permanently and exclusively as 'medical personnel.'"

Al Warafi argued that he was "retained personnel," classified under Article 24 of the Geneva Convention, meaning that he fell into the hands of the adverse party.

The lower court found that Al Warafi could not prove the Article 24 designation, however, and the D.C. Circuit affirmed last year.

The Supreme Court rejected Al Warafi's petition for certiorari without comment, as is its custom, Monday.

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