Ruling of gitmo detainees essay

The Court also concluded that the detainees are not required to exhaust review procedures in the court of appeals before pursuing habeas corpus actions in the district court. The list did not specify whether the prisoners were still in detention at Guantanamo; whether they had been determined to be "enemy combatants"; whether they were released, or repatriated to the custody of their home countries.

While the United States has an indefinite lease on Guantanamo Bay, Cuba still maintained de jure sovereignty over the area. Eisentrager which denied German prisoners of war habeas rights primarily due to both practical logistical concerns and the determination that they had been afforded Ruling of gitmo detainees essay adequate substitute: It is now imperative that the lower courts move with speed in adjudicating these cases.

Because of the mixed jurisdiction, the Bush administration stated that the captives are not subject to American law and have no right to protection under the United States Constitution nor the American justice system.

Dozens may exit Gitmo in ruling’s wake

They may only order the government to engage in diplomatic negotiations to facilitate the transfer of detainees. It will allow courts to do what they do best: Justice Scalia argued that "the procedures prescribed by Congress in the Detainee Treatment Act provide the essential protections that habeas corpus guarantees; there has thus been no suspension of the writ, and no basis exists for judicial intervention beyond what the Act allows.

The administration had argued first that the detainees have no rights. The main distinction between the MCA and AEDPA, the Court went on to explain, was that AEDPA applies in practice to those prisoners serving a sentence after having been tried in open court and whose sentences have been upheld on direct appeal, whereas the MCA suspends the application of the writ to those detainees whose guilt has not yet been legally determined.

Not only have none of the seven inmates been formally charged with a crime, but many remain unjustly detained even following a Supreme Court decision that ruled that all Gitmo detainees may have their detentions reviewed in federal court.

Key cases Souter wrote a separate opinion in which he emphasized the length of the detentions. Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law.

More than half of the men detained — 87 — have been cleared for release under the watch of US President Barack Obama yet still remain imprisoned.


This line of reasoning was arguably more in line with the plain reading of Johnson v. Government lawyers started losing cases.

Supreme Court backs Guantanamo detainees

In the decision, he wrote: On April 19,the DoD released a list with names. The Act attempted to mandate that all outstanding habeas corpus submissions on behalf of the captives should be quashed. Under an appeals-court ruling, judges do not have the authority to order the release of prisoners into the United States; that matter is before the Supreme Court.

Lawyers said such a special presumption does not comply with the requirements set by the Supreme Court in its Boumediene decision. Rumsfeld that only Congress and not the Executive Branch has the Constitutional authority to set up military commissions to try captives taken in the "war on terror".

Kennedy also said the system the administration has put in place to classify detainees as enemy combatants and review those decisions is not an adequate substitute for the right to go before a civilian judge.

A study conducted by Seaton Hall reveals that 19 out of 34 detainees were victorious in their challenges during the two years that followed, but since the US Court of Appeals for the District of Columbia Circuit has repeatedly overturned any and all federal court decisions that have yielded verdicts favorable for inmates.

The official would not say how many of those ordered released would have been put in the indefinite-detention category if the judges had ruled differently or not yet ruled. Nobody should be lulled into a false sense that all of the In the D.

Justice Department officials say they are also concerned public trials might expose intelligence operations or other classified information. By arguing in the affirmative, he implied that the issue of whether the detainees had any Suspension Clause rights was moot since, if they did, he found that those rights were not violated anyway.

It recommended that about 35 be prosecuted in federal or military courts, leaving about 50 who are considered too dangerous to be freed but cannot face trial because the evidence is too shaky to hold up in court.

List of Guantanamo Bay detainees

The government has repeatedly delayed in applying previous rulings, and this decision shows that the judiciary will not just lie down while the administration further harms the health and sanity of its prisoners.

While noting that habeas corpus did not apply in Scotlanda country under the control of the English crown as the same monarch held the crown of Scotlandthe Court distinguished that fact by stating that Scotland kept its unique system of laws even after union with England in landmark win for guantanamo detainees!

Contact: [email protected] Washington, DC — In one of the most important human rights cases of the decade, the Supreme Court of the United States held today, in a decision, that the men imprisoned at Guantánamo Bay have the constitutional right to habeas corpus. Watch video · The US Supreme Court has refused to hear arguments made on behalf of seven inmates being held at the Guantanamo Bay, Cuba military prison, in turn authorizing the government to further detain captives without charge.

At its heart, the page ruling says that the detainees have the same rights as anyone else in custody in the United States to contest their detention before a judge. One of the al Qaeda and Taliban detainees wearing in his cell at Camp X-Ray surrounded by heavy security at the Guantanamo Naval Base, US, 17 January, Essay about Ruling of Gitmo Detainees - The June Supreme Court ruling in the case of Boumediene v.

Bush gave prisoners detained at Guantanamo the constitutional rights to habeas corpus, which prohibits the withholding of a prisoner’s rights to challenge the basis of their detention except in “cases of rebellion or invasion” (Worthington). The detainees’ lawsuits have been brought under the centuries-old legal doctrine of habeas corpus, which permits prisoners to contest confinements before judges.

Guantanamo Bay detainees rebuked by Supreme Court Download
Ruling of gitmo detainees essay
Rated 0/5 based on 48 review