The Hindu : Ruling on U.S. detentions upheld

Online edition of India's National Newspaper
Wednesday, Jan 14, 2004

International

International

Ruling on U.S. detentions upheld

By Sridhar Krishnaswami

WASHINGTON, JAN. 13. In what is seen as a victory for the Bush administration, the United States Supreme Court has refused to review the secrecy surrounding hundreds of foreigners detained in the aftermath of the terror attacks of September 11, 2001.

Effectively, the highest court has taken the position that it is not willing to second guess the Federal Government's policy.

It is said that more than 700 illegal immigrants have been detained in the aftermath of 9/11 but that none of them were charged as terrorist; and last year the Inspector General of the Justice Department maintained that the Government might have violated a law that said that detentions could be limited to only 90 days.

In addition to this, the Inspector General's report found significant problems with the detentions, including instances of physical abuse at certain facilities.

Most of the detainees were eventually deported on immigration violation charges and the Federal Government had consistently refused to disclose whom it held and why, arguing among other things, that disclosure of this information would jeopardise the ongoing investigation by intelligence agencies.

The Federal Government is said to be holding some on grounds of being material witnesses.

The Supreme Court took its stand without comment, which meant it had allowed to stand the ruling of a Federal Court of Appeals in the District of Colombia. Last year, by a 2 to 1 margin, the Appeals Court for the District of Colombia Circuit maintained that the Government had a "reasonable" claim that terror outfits stood to gain from any disclosure of information on the detainees. The Government, in filing its brief, told the Supreme Court that an exception to the Freedom of Information Act that pertained to ongoing criminal investigations allowed it to withhold information on detainees.

Civil liberties activists and media organisations had sought the names and basic information of the detainees; and the American Civil Liberties Union had urged the Supreme Court to hear the case.

Lawyers for civil rights groups had been making the point that the Government was taking in people on slight suspicion and moved to deport detainees who had only violated immigration laws.

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