International   

U.S. court weighs Guantanamo rights

Washington: America’s highest court has held what is expected to be the pivotal case on the future of the U.S. prison camp at Guantanamo Bay, Cuba, where more than 300 foreigners accused of being terrorists are detained.

The Supreme Court judges on Wednesday listened to arguments from the Bush administration and lawyers representing the detenus. They pressed Solicitor-General Paul Clement to justify the denial of habeas corpus to the detenus, most of whom have been held for six years without a chance of putting their case in court.

The court addressed a single issue: “The privilege of the right of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.” Habeas corpus guarantees U.S. citizens the right to plead in court inside a limited period, unlike the non-Americans at Guantanamo.

Congress, at the request of the Bush administration, pushed through legislation stripping the detenus of the right of habeas corpus. The judges focused on the failure of Congress to provide alternatives for the detenus.

The judges are not expected to issue their ruling until June next year.

The court has twice before ruled against the Bush administration on the issue, resulting in the White House changing the law. A third ruling could hasten closure of the camp, allow the detenus to be tried in a U.S. civilian court, or return the issue to the U.S. court of appeal, any of which would be a victory for the detenus’ lawyers.

One of the lawyers for the detenus, Seth Waxman, said U.S. law should cover Guantanamo too. “If our law doesn’t apply, this is a law-free zone,” Mr. Waxman told the court. “After six years of imprisonment without meaningful review it is time for a court to decide the legality” of their confinement. Mr. Clement countered by arguing that the prisoners had more rights now than under the original habeas corpus law of 1789.

The Supreme Court is finely balanced between rightwingers and a mixture of liberals and moderate conservatives, with Justice Anthony Kennedy often holding the decisive vote. He has said before that U.S. law should cover Guantanamo.

Chief Justice John Roberts and Justice Antonin Scalia, who usually take the conservative side, asked Mr. Waxman why the detenus should be entitled to hearings in civilian courts. “Show me one case” down through the centuries where circumstances similar to those at Guantanamo Bay entitled an alien to challenge his detention in civilian courts, said Justice Scalia. However, most questions from the judges seemed to accept that the detenus have some rights, and focused on whether the procedures in place are adequate. — © Guardian Newspapers Limited, 2007

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

U.S. court weighs Guantanamo rights
Terrorism on last legs: Colombo
Gunman kills 8 in U.S. mall shooting
“Lyrical terrorist” falls foul of British law
China for global deal on climate change
A new robot plays the violin
The worldwide hurdle of corruption
White stork logo for Year of Russia
Dogs smarter than thought, shows study
Malaysia unrest: no bail for 31 Indians
Haneef case: Australia to hold inquiry

Copyright © 2007, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu