U.S. court deals major legal blow to Guantanamo detainee policy
Military tribunals to continue, Justice Department says
Last Updated: Thursday, June 12, 2008 | 6:46 PM ET
CBC News
Related
Internal Links
The sun rises on June 6 over Camp Delta detention compound, which has housed foreign prisoners since 2002, at the Guantanamo Bay U.S. Naval Base in Cuba. (Brennan Linsley/AFP/Getty) The U.S. Supreme Court ruled Thursday that foreign suspects held at the high security military jail at Guantanamo Bay, Cuba, have rights under the American constitution to challenge their detention in U.S. civilian courts.
The Supreme Court handed the administration of U.S. President George W. Bush its third major legal setback since 2004 over its treatment of prisoners who are being held indefinitely and without charges at the U.S. naval base in Cuba.
The vote was 5-4, with the court's liberal justices in the majority. Conservative judges, led by Chief Justice John Roberts, wrote dissenting opinions warning of the effect of the ruling at a time of "war with radical Islamists."
Justice Anthony Kennedy, writing for the majority, said, "The laws and constitution are designed to survive, and remain in force, in extraordinary times."
It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held for more than six years. Roughly 270 men remain at the prison, classified as enemy combatants and most held without charge on what U.S. government officials say is suspicion of terror-related crimes or links to al-Qaeda and the Taliban.
Following the ruling, U.S. Justice Department spokesman Peter Carr said the military commissions would "continue to go forward" and that the decision related only to the status of detainees held as enemy combatants.
Canadian Omar Khadr, the only remaining detainee from a Western country, is charged with providing material support to terrorism and related crimes in the death of a U.S. medic in Afghanistan in 2001.
About 19 inmates at Guantanamo Bay, including Khadr, have been charged, but the U.S. has said it intends to put about 80 detainees on trial and release the rest, once countries can be found to take them.
Enemy combatant process legally flawed: court
Speaking in Rome Thursday during a European tour, Bush said his administration would abide by the court ruling, "but that I doesn't mean I have to agree with it."
The U.S. government opened the detention facility at Guantanamo Bay shortly after the Sept. 11, 2001, attacks to hold some of the hundreds of people detained by the U.S. military and intelligence agencies had detained during the invasion of Afghanistan later that year.
The Guantanamo prison has been harshly criticized in the United States and abroad for the detentions themselves and the aggressive interrogations that were conducted there.
Thursday's Supreme Court decision said not only do the detainees have rights under the U.S. constitution, but also the system the administration has put in place to classify them as enemy combatants and review those decisions is inadequate.
The administration had argued at first that the detainees have no rights. But it also contended that the classification and review process was a sufficient substitute for the civilian court hearings that the detainees seek.
The highest U.S. court has twice struck down central contentions by the Bush administration about the need for restrictions on legal rights for detainees at Guantanamo Bay.
In 2006, the court found the Guantanamo military tribunal process unconstitutional, but the U.S. government re-established it by pushing a law through Congress that set up the current trials process.
Two years earlier, the Supreme Court gave Guantanamo detainees the right to use U.S. courts to fight their continuing detention.
With files from the Associated PressShare Tools
Top News Headlines
- Greece passes new austerity deal amid rioting
- Greek lawmakers have approved harsh new austerity measures demanded by bailout creditors to save the debt-crippled nation from bankruptcy, after riots in Athens and other cities left stores looted and burned and more than 120 people hurt. more »
- Quebec town 'heartbroken' after killing of woman, sisters
- A small Quebec town is in mourning Sunday after a Quebec man was charged with killing his nieces and his mother, who were found dead in their family home. more »
- Houston autopsy results withheld by police
- Whitney Houston was found in a hotel bathtub but it'll take weeks to determine precisely how she died, a Los Angeles coroner's official says. more »
- Musicians who died before their time
- The growing list of musicians who have died young. more »
Latest World News Headlines
- Greece passes new austerity deal amid rioting
- Greek lawmakers have approved harsh new austerity measures demanded by bailout creditors to save the debt-crippled nation from bankruptcy, after riots in Athens and other cities left stores looted and burned and more than 120 people hurt. more »
- Arab League wants UN peacekeepers in Syria
- The Arab League has called for the UN Security Council to create a joint peacekeeping force for Syria and urged Arab states to sever all diplomatic contact with President Bashar Assad's regime. more »
- Pakistan PM indicted for contempt
- Pakistan's Supreme Court has charged the prime minister with contempt for defying its orders to reopen a corruption case against his political ally, President Asif Ali Zardari. more »
- Venezuela governor picked to challenge Chavez
- A youthful state governor has won Venezuela's first opposition presidential primary, emerging Sunday as the candidate who will try to end President Hugo Chavez's 13 years in power. more »
Dispatches »
- Inside Egyptian military's business web Feb. 10, 2012 1:51 PM When it got out of the business of war with Israel, Egypt's military got into the business of business. Over and under the table; on and off the books. Even using conscripts as cheap labour. CBC's Margaret Evans found shopkeeping generals rather reluctant to talk shop though.
Connect Newsroom Blog
Siege in Syria, Ship Rescue & The Pickton Inquiry Feb. 9, 2012 8:08 PM We'll talk to a Syrian-American doctor tonight about whether the Assad regime is using medicine as a weapon.
- Adele wins best album, best record Grammys
- Houston autopsy results withheld by police
- Quebec town 'heartbroken' after killing of woman, sisters
- Northern lights viewed from space
- Greece passes new austerity deal amid rioting
- Manitoba man dies after falling off moving SUV
- Doors blocked in fatal Manitoba trailer blaze
- Pop queen Whitney Houston dies at 48
- Former Stanley Park petting zoo goats feared slaughtered

