Marjorie Cohn: After Seven Years, Guantánamo Prisoners Need to be Tried or Released

[marmar]

via AlterNet:



After Seven Years, Guantánamo Prisoners Need to be Tried or Released

By Marjorie Cohn, Jurist Legal News and Research. Posted November 29, 2008.

Judge: "Seven years of waiting for a legal system to give them an answer ... is more than enough."



Since the Bush administration began transporting men and boys to Guantánamo Bay in January 2002, it has tried to prevent them from presenting their cases before a neutral federal judge. Indeed, the naval base was turned into a prison camp precisely to keep the detainees away from impartial courts. The government argued that federal courts had no jurisdiction over men detained on Cuban soil. Twice, the Supreme Court rejected that argument, finding that the United States exercises complete jurisdiction and control over the Guantánamo Bay base.

Finally, on November 20, in a stunning development, U.S. District Court Judge Richard J. Leon ordered the government to release five Guantánamo Bay detainees "forthwith." Finding that the government failed to prove the men were "enemy combatants," the judge, in a rare comment, urged senior government leaders not to appeal his ruling. "Seven years of waiting for a legal system to give them an answer ... in my judgment is more than enough," he said.

The five detainees the judge ordered released are Lakhdar Boumediene, Mustafa Ait Idir, Hadj Boudella, Saber Lahmar and Mohammed Nechla. Judge Leon did, however, find that a sixth detainee, Belkacem Bensayah, was properly classified an enemy combatant.

It was the Supreme Court's June 12, 2008 decision in Boumediene v. Bush (see Supreme Court Checks and Balances in Boumediene) that allowed Judge Leon to review the enemy combatant classifications. The high court upheld the Guantánamo detainees' constitutional right to habeas corpus and made clear they were "entitled to a prompt habeas corpus hearing." Judge Leon adopted the definition of "enemy combatant" used by the Combatant Status Review Tribunals, which is "an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who has committed a belligerent act or has directly supported hostilities in aid of enemy armed forces." .......(more)

The complete piece is at: http://www.alternet.org/rights/109083/after_seven_years%2C_guant%C3%A1namo_prisoners_need_to_be_tried_or_released/