Tribunal Bill Sets Up an Ironic Legal Limbo
Detainees deemed less of a threat might go untried yet be unable to challenge detention.
By Julian E. Barnes and Richard B. Schmitt, Times Staff Writers
September 30, 2006
WASHINGTON — The bill that Congress approved Friday to bring terrorism suspects to trial contains a central irony: The suspects considered most dangerous will have the most rights, while the others will remain in legal limbo with no ability to challenge their detention.
The government plans to try about 100 of the detainees being held at Guantanamo Bay, Cuba — those suspected of the most serious crimes against the United States. These prisoners, and any others charged, would be able to appeal convictions to the U.S. courts.
The other 355 detainees, who are considered less of a threat, may never be tried and may therefore be denied the right to challenge their imprisonment.
"It leaves them with no protection. You can put someone down there and never bring charges against them and leave them in that status forever," said retired Rear Adm. Don Guter, a former Navy judge advocate general....
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