296:
for the apparent misconduct. Sami Al-Laithi, a professor at Kabul
University who was taken into US custody in Guantanamo has been found to never have been hostile towards US. He was a healthy man when he was first captured by US forces but is now confined to a wheelchair after two vertebrae were broken in vicious beatings in the camp. Many of these detainees claim that they have been wrongfully detained and deny any involvement in hostile activity towards the USA, or any involvement with the
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536:. Some of the detainees had family who would have authorized American lawyers to submit writs on their behalf, but they had no way of contacting them. Some of the detainees and their relatives are totally illiterate. Other detainees' families had no idea where they were, and had no idea that they were in Guantanamo. Some of the detainees reported that they were punished for asking for legal assistance.
1630:
457:
1489:
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obligations they held under the Geneva
Convention. Considering detainees as detainees outside the traditional definition of prisoners also denies the protections of the Geneva Convention. Proof of these deliberate decisions is found in the legal memoranda where President Bush actively enquired about how far they could legally go.
659:
even claimed that 'Hamdam is simply the most important decision on
Presidential power and the rule of law. Ever'. It followed the passing of the Detainee Treatment Act and gave the Supreme Court an 'early opportunity to assess the nature and extent of the jurisdiction-stripping measure'. The Supreme
404:
The abuse of international human rights law lies in the treatment of detainees, the absence of public scrutiny, judicial review and government accountability. The U.S. government deliberately chose
Guantanamo Bay as the site for detaining foreign citizens as they believed it would be exempt from any
343:
to the US on the part of Cuba reads 'while on one hand the US recognises the continuance of the ultimate sovereignty of the
Republic of Cuba. ... on the other hand the Republic of Cuba consents that ... the USA shall exercise complete jurisdiction and control over and within said area'. Early courts
676:. The new section, under section 7, attempted to apply the Detainee Treatment Act to detainees with cases pending. This was an attempt by the political branch of government to reinforce their opinion that the 'federal courts should have as little to do with Guantanamo Bay detainees as possible'.
295:
Reports from
Guantanamo Bay claim the detainees suffer from 'extraordinary psychological and physical abuses'. Psychological abuses include solitary confinement for long periods, sleep deprivation and religious abuse. Physical abuse is also used regularly as punishment, reportedly disproportionate
648:
as a system separate from the existing federal and military justice systems, and ruled that the CSRTs and military commissions were unconstitutional. It said that only
Congress could authorize such a system. They confirmed in their judgement the unlawfulness of the US Government in the use of
578:
concluded that the U.S., as a lessee, has 'extensive proprietary rights over
Guantanamo Bay' that were exclusively granted in the 1903 lease. This lease gave U.S operational sovereignty over the base and brought it within the Supreme Court's jurisdiction. A related decision was
369:
and are able to bring their petitions to U.S courts. It also held that the
Guantanamo detainees were entitled to the legal protections of the US Constitution and from then on, the Combatant Status Review Tribunal would be inadequate. The result of this case has seen many
267:
is filed with a court in countries which inherit elements of their judicial system from the
English system of Justice the state has to show that there is a legal basis for the captive's detention—usually that they are suspected of having broken a law. The principle of
327:. The third Geneva Convention considers a fair trial so essential to prisoner rights that 'willfully depriving a prisoner of war of the rights of a fair and regular trial is deemed a grave breach of the convention and, consequentially, a war crime'.
334:
regarding Guantanamo detainees was filed. This was denied on the foundation that U.S. courts lacked jurisdiction over the camp and its prisoners; Guantanamo Bay is located in Cuba, outside of the territory of the USA, and the writ of
221:
over conflicting interests of due process, while slow-pedaling even the most basic disclosures. Many detainees were held for extreme durations without charge, spanning multiple presidential administrations, even while their rights to
443:, Article 7. The purpose of the European Convention on Human Rights is to create enforceable rights that States are obliged to respect. Limiting this Convention in order to conduct security operations would undermine the system.
416:
is a human right of utmost importance, recognised through humanitarian law, for 'protecting one's right to physical liberty'. It has been suggested that there may almost be universal acceptance that the protections of
735:
478:
1316:
The court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is
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in U.S courts and established that the judicial branch of government has the final say on unlawful detentions, rather than the Executive branch as the Bush administration had been implementing.
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1539:
1655:
82:
1493:
805:, Bush confirmed that his administration would look into the decision to see if any additional legislation would be 'appropriate' in terms of the protection of American people.
432:
1330:
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Noble, B. Constitutional Law – Habeas Corpus – Guantanamo Bay Detainees are entitles to the privilege of Habeas Corpus under the US Constitution" 39 (2008) Cumb. L. Rev., 341
159:
and are able to bring petition to U.S courts. It also held that the Guantanamo detainees were entitled to the legal protections of the US Constitution and from then on, the
1397:
620:
prohibited US military and intelligence personnel from treating detainees in ways inconsistent with Armed Forces regulations. Additionally, the act did not close off the
100:
Numerous cases were tried on this matter, with different outcomes, initially denying the right of petition and later affirming the right of petition. U.S. District Judge
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was made more difficult at first, because part of the Bush detainee policy was to keep the identity of the Guantanamo captives a secret. A writ has to be submitted by a
78:
1266:
272:
is codified in many humanitarian law treaties and national legislation – the right of fair trial and detainment is considered a basic human right. The principle of
340:
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in 2008 has had huge implications for America's war on terror. It was acknowledged that the Military Commissions Act was retaliation to the decision in Hamdan.
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regarding laws in wartime. By signing parties agreed to criminalise any breaches in their own domestic courts, U.S. recognised this when they enacted their own
1216:
1128:
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corpus in American courts. Section 1005(e) states that "o court, justice, or Judge shall have jurisdiction to hear or consider an application for a writ of
401:. However the declaration made by Bush in 2002 had the effect of 'exempting all alleged members of Al Qaeda from the protections of the Geneva conventions'.
304:
at all. Taking into account the inhumane conditions of the camp it is not surprising that Guantanamo detainees have sought protection from the principles of
898:
560:, determining that the court had jurisdiction over Guantanamo, and that detainees had a right to an impartial tribunal to challenge their detention under
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191:
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to operate at the far boundaries of constitutional safeguards with less personal exposure to litigation. Torture conducted by American personnel at
840:
218:
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428:
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to the Guantanamo detainees. Debate began on the bill on September 17, 2007. It has been attached, as an amendment, to a Defense bill.
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187:
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to resident aliens, this was done to allow suspected terrorists to be held without legal counsel or trial and avoid the protection of
58:
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with respect to the detention of aliens who are held outside of the US. Six weeks after the events of September 11 Bush granted the
186:, operating at a level of secrecy from the outset where even the number of persons held in the camp was difficult to ascertain. The
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1407:
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to aliens in Guantanamo Bay as the fundamental rights of the U.S. Constitution should be extended to Guantanamo detainees. Since
518:
349:
160:
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Court held that the amendment by the new legislation would not apply to detainees who had cases already waiting to be reviewed.
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952:
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Justice Kennedy, in delivering the majority opinion, held that it was within the U.S. court's jurisdiction to apply a writ of
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210:
66:
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190:(DoD) at first kept secret the identity of the individuals held in Guantanamo, but after losing attempts to defy a
86:
1540:"Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals" (Part One)
1143:
Federman, C. "Habeas Corpus in the age of Guantanamo" (2010) Annals Fac. L. Belgrade Belgrade L. Rev., 215, at 224
486:
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finding that an American citizen detained in Guantanamo had a constitutional right to petition federal courts for
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54:
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in article I(9)(2), commonly known as the 'Suspension Clause'. This provides that 'the privilege of the Writ of
855:
106:
42:
1520:
1304:
656:
389:, of which there are four, are considered universal treaties in international law. They created the idea of
256:
104:
denied the detainees' petitions on 30 July 2002, finding that aliens in Cuba had no access to U.S. courts.
1197:
Federman, C. "Habeas Corpus in the age of Guantanamo" (2010) Annals Fac. L. Belgrade Belgrade L. Rev., 215
602:
570:
398:
135:
101:
1001:
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torture, cruel and humiliating treatment, and international law should limit the power of the President.
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shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it'.
585:(2004), which ruled that United States citizens detained as suspected enemy combatants had the right to
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The geographical situation of the camp in Cuba permits American personnel from the DoD and the broader
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752:
183:
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Report on torture and cruel, inhumane, and degrading treatment of prisoners at Guantanamo Bay, Cuba
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Report on torture and cruel, inhumane, and degrading treatment of prisoners at Guantanamo Bay, Cuba
688:, opening up the possibility that they might overturn some or all of the Military Commissions Act.
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took a lead role in helping to organize the activities of lawyers willing to offer their services,
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filed by or on behalf of an alien detained at the Department of Defense at Guantanamo Bay, Cuba'.
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705:
636:
386:
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151:
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affirmed on 11 March 2003. On 28 June 2004, the Supreme Court decided against the Government in
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The laws and Constitution are designed to survive, and remain in force, in extraordinary times.
17:
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However, the most recent case law development has been in the U.S. Supreme Court case
93:. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of
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1402:
820:
759:
755:
556:
235:
179:
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717:, writing for the majority, described the CSR Tribunals as "inadequate", and wrote:
356:. Its role was to establish whether or not detainees are actually enemy combatants.
1525:
1252:
Londras, F. "Guantanamo Bay: Towards Legality?" 71 (2008) Mod. L. Rev, 36, at p. 47
1231:
Londras, F. "Guantanamo Bay: Towards Legality?" 71 (2008) Mod. L. Rev, 36, at p. 45
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Londras, F. "Guantanamo Bay: Towards Legality?" 71 (2008) Mod. L. Rev, 36, at p. 42
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Londras, F. "Guantanamo Bay: Towards Legality?" 71 (2008) Mod. L. Rev, 36, at p. 53
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Londras, F. "Guantanamo Bay: Towards Legality?" 71 (2008) Mod. L. Rev, 36, at p. 38
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The issue is concerned with the jurisdiction of the US Courts to issue the writ of
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ruled that Guantanamo detainees were able to bring about a petition for a writ of
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Schneider, D. "Human Rights Issues in Guantanamo Bay" 68 (2004) J. Crim. L., 423
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456:
316:
248:
46:
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Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010)
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217:. At Guantanamo Bay, the military administration has consistently prioritized
214:
339:
is 'not available to aliens outside the sovereign territory of the USA'. The
209:
in Iraq during this same timeframe led to eleven military personnel from the
344:
claimed that Guantanamo does not technically belong to the United States so
1429:"Justice for Detainees: Congress can right a wrong in the war on terrorism"
1488:
1028:
247:. It is a legal instrument first guaranteed following the signing of the
128:
review. That same day, the Supreme Court ruled against the Government in
1105:
Londras, F. "Guantanamo Bay: Towards Legality?" 71 (2008) Mod. L. Rev, 36
967:
522:
301:
709:, that the Guantanamo detainees were entitled to the protection of the
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62:
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essentially challenges the legality of the detention. When a writ of
120:, writing for a five-justice majority, held that the detainees had a
736:
Lists of habeas petitions filed on behalf of War on Terror detainees
655:
has been acknowledged as a milestone case for Guantanamo detainees;
640:(2006), the Supreme Court ruled that the Bush Presidency lacked the
915:
198:, the U.S. military officially acknowledged holding 779 prisoners.
668:
Once more in response to a judicial decision, Congress passed the
408:
The scope of international human rights has been discussed in the
1521:"Court cases pit US presidential power against detainees' rights"
255:. Its purpose is to prevent the state from holding prisoners in
69:
to be challenged internationally as an affront to international
1080:
Playing to the Edge: American Intelligence in the Age of Terror
684:
On June 29, 2007, the Supreme Court agreed to hear outstanding
155:(2008) it was established Guantanamo detainees have a right to
450:
365:
where it was established Guantanamo detainees have a right to
1331:"Terror suspects can challenge detention: U.S. Supreme Court"
1267:"Supreme Court to hear Guantanamo Bay detainee habeas cases"
163:
would be inadequate. The result of this case has seen many
605:
2005 in an attempt to prevent aliens from petitioning for
1163:
1161:
427:
exists outside the Geneva Convention; it is found in the
348:
could not apply. The Combatant Status Review Tribunals
288:
Guantanamo detainee eligibility for the protections of
49:. The Guantanamo Bay detention camp is a United States
1570:
1467:
Fletcher, G. "Black Hole in Guantanamo Bay" 2 (2004)
1151:
1149:
330:
In early 2002 the first major petition for a writ of
1193:
1191:
433:
International Covenant on Civil and Political Rights
167:
cases refiled. Detainees have had over 200 writs of
73:, and challenged domestically as a violation of the
41:
challenging the reasons or conditions of a person's
1101:
1099:
1363:"High Court sides with Guantanamo detainees again"
1297:"High Court: Gitmo detainees have rights in court"
905:, Amnesty International. Retrieved 3 November 2016
748:The proposed Habeas Corpus Restoration Act of 2007
680:The Supreme Court and the Military Commissions Act
1123:
1121:
1119:
1117:
1115:
1113:
1111:
564:. It was a landmark decision in detainee rights.
352:was created as an outcome of early petitions for
1239:
1237:
1661:War on Terror captives' habeas corpus petitions
719:
1494:Habeas corpus petitions of Guantanamo captives
1474:Thomas, Laura. "The Guantanamo Bay Cases" 11
1221:, Center for Constitutional Rights, p. 14
378:Abuses of international human rights law and
8:
1656:Guantanamo captives' habeas corpus petitions
1206:Detainee Treatment Act 2005, s1005(e)(1) 423
1057:"Judge Orders U.S. to Supply Prisoner Names"
624:submissions that were already in the works.
447:Role of the Center for Constitutional Rights
485:. Unsourced material may be challenged and
174:The camp was established by U.S. President
97:to review the legality of their detention.
992:
990:
1469:Journal of International Criminal Justice
1454:Boumediene v. Bush, 2008 S. Ct. 2299, 128
505:Learn how and when to remove this message
1577:
888:
568:challenged an earlier precedent set in
226:remained under protracted litigation.
841:International human rights instruments
730:petitions filed on behalf of detainees
146:review under the Due Process Clause.
89:, including the right of petition for
1501:Read the rulings in the decided cases
816:Declaration of Principles on Equality
764:Habeas Corpus Restoration Act of 2007
429:Universal Declaration of Human Rights
124:right to petition federal courts for
7:
1666:United States habeas corpus case law
483:adding citations to reliable sources
412:cases from Guantanamo Bay. Firstly,
441:American Convention on Human Rights
437:European Convention of Human Rights
188:United States Department of Defense
1133:, Center for Constitutional Rights
59:indefinite detention without trial
25:
1651:Human rights in the United States
1476:Aust Journal of International Law
1437:. September 18, 2007. p. A18
957:, 321 F.3d 1134 (D.C. Cir. 2003).
943:, 215 F. Supp. 2d 55 (D.C. 2002).
744:petitions filed on their behalf.
740:More than 200 detainees have had
601:, the U.S. government passed the
1628:
1616:
1604:
1592:
1580:
1556:Steven D. Schwinn (2010-01-06).
1511:Center for Constitutional Rights
1487:
920:Center for Constitutional Rights
896:Guantanamo and Illegal Detention
664:Military Commissions Act of 2006
519:Center for Constitutional Rights
455:
161:Combatant Status Review Tribunal
670:Military Commission Act of 2006
646:Guantanamo military commissions
525:, to the Guantanamo detainees.
431:in Article 9; Article 9 of the
176:George W. Bush's administration
18:Amer Mohammon v. George W. Bush
1361:Mark Sherman (June 12, 2008).
1329:Mark Sherman (June 12, 2008).
1295:Mark Sherman (June 12, 2008).
836:International humanitarian law
618:Detainee Treatment Act of 2005
593:Detainee Treatment Act of 2005
589:challenge of their detention.
391:International humanitarian law
319:which restricted the right of
1:
1398:"Court backs Gitmo detainees"
211:372nd Military Police Company
67:Guantanamo Bay detention camp
1007:The New York Review of Books
1002:"What the Court Really Said"
871:Rule According to Higher Law
213:being convicted in 2005 for
1558:"Habeas at Bagram, Round 2"
1507:Guantanamo Habeas Scorecard
701:United States Supreme Court
692:The Supreme Court rules on
548:United States Supreme Court
395:customary international law
171:submitted on their behalf.
57:. A persistent standard of
1682:
733:
711:United States Constitution
546:In the summer of 2004 the
251:. Its literal meaning is
233:
192:Freedom of Information Act
184:September 11, 2001 attacks
87:United States Constitution
65:led the operations of the
1546:website, 20 July 20, 2009
55:Guantanamo Bay Naval Base
954:Al Odah v. United States
856:Natural and legal rights
642:Constitutional authority
107:Al Odah v. United States
901:15 October 2016 at the
766:, to restore access to
341:lease of Guantanamo Bay
257:extrajudicial detention
138:wrote the four-justice
723:
699:On June 12, 2008, the
603:Detainee Treatment Act
571:Johnson v. Eisentrager
203:intelligence community
102:Colleen Kollar-Kotelly
1496:at Wikimedia Commons
421:are 'non-derogable'.
1552:, Human Rights First
876:Substantive equality
528:Submitting writs of
479:improve this section
243:is sometimes called
1029:"Hamdi v. Rumsfeld"
435:; Article 5 of the
276:is codified in the
178:in 2002 during the
136:Sandra Day O'Connor
1519:(April 21, 2004).
1336:The Globe and Mail
1076:Hayden, Michael V.
1064:. 24 January 2006.
1062:The New York Times
1000:(12 August 2004).
783:Boumediene v. Bush
775:Boumediene v. Bush
706:Boumediene v. Bush
694:Boumediene v. Bush
637:Hamdan v. Rumsfeld
629:Hamdan v. Rumsfeld
387:Geneva Conventions
362:Boumediene v. Bush
152:Boumediene v. Bush
85:amendments of the
75:Due Process Clause
1492:Media related to
1396:(June 12, 2008).
1265:(June 29, 2007).
1082:. Penguin Press.
831:International law
674:Hamdan v Rumsfeld
653:Hamdam v Rumsfeld
582:Hamdi v. Rumsfeld
515:
514:
507:
219:national security
207:Abu Ghraib prison
194:request from the
140:plurality opinion
131:Hamdi v. Rumsfeld
118:John Paul Stevens
61:and incidents of
31:United States law
16:(Redirected from
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1544:Andy Worthington
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1517:Linda Greenhouse
1503:, McClatchy News
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1410:on June 14, 2008
1406:. Archived from
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1375:on June 24, 2008
1371:. Archived from
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1339:. Archived from
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1313:
1312:
1307:on June 22, 2008
1303:. Archived from
1301:Associated Press
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1273:. Archived from
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780:The decision in
657:Walter Dellinger
510:
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245:"The Great Writ"
196:Associated Press
21:
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1462:Further reading
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1434:Washington Post
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968:"Rasul v. Bush"
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903:Wayback Machine
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846:Legal certainty
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682:
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597:In response to
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494:
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476:
460:
449:
383:
374:cases refiled.
317:USA Patriot Act
293:
278:US Constitution
253:"show the body"
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53:located within
51:military prison
23:
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15:
12:
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1483:External links
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1561:. Retrieved
1530:. Retrieved
1526:Taipei Times
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1408:the original
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1373:the original
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1341:the original
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1034:Oyez Project
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1040:23 February
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979:23 February
866:Rule of law
861:Refugee law
851:Natural law
554:submission
393:and codify
249:Magna Carta
134:. Justice
116:. Justice
1645:Categories
1563:2010-11-23
1532:2008-01-25
1441:2007-09-18
1414:2008-06-12
1379:2008-06-12
1347:2008-06-12
1311:2008-06-12
1281:2007-06-29
1271:The Jurist
925:2019-05-07
883:References
803:Boumediene
788:Boumediene
713:. Justice
703:ruled, in
215:war crimes
83:Fourteenth
1611:Countries
726:Lists of
495:July 2010
466:does not
122:statutory
43:detention
1623:Politics
1078:(2016).
899:Archived
809:See also
753:Senators
523:pro bono
302:Al Qaeda
39:recourse
1635:Society
1573:Portals
487:removed
472:sources
298:Taliban
77:of the
63:torture
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742:habeas
728:habeas
607:habeas
350:(CSRT)
144:habeas
126:habeas
45:under
1478:, 187
1471:, 121
576:Rasul
79:Fifth
37:is a
1084:ISBN
1042:2017
1015:2017
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758:and
616:The
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470:any
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