[News] CCR wins major victory for rule of law in Guantanamo
News at freedomarchives.org
News at freedomarchives.org
Tue Jun 29 11:39:26 EDT 2004
http://www.ccr-ny.org/v2/reports/report.asp?ObjID=dEOknpV1vL&Content=398
CCR WINS MAJOR VICTORY FOR THE RULE OF LAW IN GUANTANAMO BAY
Synopsis
Supreme Court issued a historic ruling on Monday, June 28th, finding that
the hundreds of men detained as "enemy combatants" in Guantánamo Bay can
challenge their detention in federal courts.
On June 28, The Supreme Court issued a historic ruling in Rasul v. Bush,
CCRs challenge to the Bush Administrations policy of indefinitely holding
detainees at Guantánamo Bay without judicial review. Center for
Constitutional Rights (CCR) hailed todays ruling, which held that foreign
terrorism suspects may use the American legal system to challenge their
detention.
The Center for Constitutional Rights began this case in February 2002,
shortly after the first detainees were sent to Guantánamo. Representing two
AustraliansDavid Hicks and Mamdouh Habiband two men from the U.K.Shafiq
Rasul and Asif Iqbal, CCR filed a petition seeking a writ of habeas corpus
in the District Court for the District of Columbia. The petition
challenged the Presidential Executive Order of November 13, 2001, which
authorized indefinite detention without due process of law, as a violation
of international law and the U.S. Constitution. It was shortly after 9/11
and a very different climate existed in the United States at that time: no
other legal organization was willing to join us in our efforts, and CCR
received scores of death threats and hate mail.
The core contention of the litigation was that the United States cannot
order indefinite detention without due process. The detainees have the
right to challenge the legality of their detention in court. To make that
challenge meaningful, they have the right to be informed of the charges
they face, and the right to present evidence on their own behalves and to
cross-examine their accusers. The failure of the Bush Administration to
provide these protections raises serious questions about their commitment
to the U.S. Constitution and international law.
The ruling was 6-3, with Rehnquist, Scalia and Thomas dissenting. Writing
for the majority, Justice John Paul Stevens found that federal courts do
have jurisdiction to hear detainees challenges to their detention. Habeas
Corpus, the legal principle in question, extends back hundreds of years in
common law, and the decision cited considerable historical as well as more
contemporary evidence that it is properly applied to cases even outside the
territorial boundaries of the nation.
The Supreme Court has not closed the doors of justice to the detainees
imprisoned at Guantánamo Bay, said CCR President Michael Ratner, adding,
this is a major victory for the rule of law and affirms the right of every
person, citizen or non-citizen, detained by the United States to test the
legality of his or her detention in a U.S. Court. The Center for
Constitutional Rights has long believed that even in a time of danger,
executive detentions have no place in a democracy.
CCR is reviewing the decision, in preparation for further action on behalf
of our clients, most of whom have been held for more than two years with no
legal basis, no opportunity to prove their innocence, and no hope of
release anytime in the foreseeable future. The mother of one of our
clients, Rabiye Kurnaz, expressed great relief on hearing that her son will
have his day in court:
Today, for the first time in two years I have hope. This is a great day
for justice. I hope that I will hear from my son soon and can tell him
that with this historic decision fair proceedings will start and that all
innocents will be released from U.S. custody in Guantánamo.
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