Singing Loudly: The Sky Turns Blue: A Critical Ruling Concerning the Detainees in Guantanamo Bay

Singing Loudly

Monday, January 31, 2005

The Sky Turns Blue: A Critical Ruling Concerning the Detainees in Guantanamo Bay

Today a federal judge held that the detainees in Guantanamo are being held unconstitutionally per the Supreme Court opinion issued last year. Importantly, the hearing set up by the government to determine if a prisoner is an "enemy combatant" were deemed to be unconstitutional.

Combatant Status Review Tribunals, had been criticized by civil rights groups because detainees are not represented by lawyers and are not told of some of the evidence against them including some information that the judge said may have been obtained by torture or coercion.

This decision means that even though the detainees are outside of America they have constitutional rights similar to people on American soil and protections under international law.

detainees may fight their indefinite detentions as a violation of their constitutional due process rights. And some also may have claims that their rights were violated under the Geneva Convention

While this seems to be the correct analysis to me, it is, of course, being appealed by the government.
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