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Charles Dharapak/AP
Writing for the court majority on the Supreme Court's decision on Guantanamo Bay,
Justice Anthony Kennedy declared, "The laws and Constitution are designed to survive,
and remain in force, in extraordinary times." (AP)

Court Says Guantanamo Inmates Can Contest Detention

June 13, 2008 12:37 PM
by findingDulcinea Staff

The U.S. Supreme Court voted 5-4 that those in custody at Guantanamo Bay on charges of terrorism have the right to challenge their captivity in federal courts.

30-Second Summary

The decision in Boumediene v. Bush was a setback for President George W. Bush's administration and another criticism of its handling of detainees at the Guantanamo Bay camp in Cuba, reported The Washington Post.

"We'll abide by the court's decision. That doesn't mean I have to agree with it," President Bush said in reaction to the ruling. "It's a deeply divided court, and I strongly agree with those who dissented, and their dissent was based upon their serious concerns about U.S. national security."

Conservative Justice Antonin Scalia said in his dissenting opinion that the decision "will almost certainly cause more Americans to be killed." 

The case extends habeas corpus, the right of Americans to challenge federal detention, to non-American enemy combatants captured abroad, notes the Wall Street Journal in an opinion piece that also expresses concern for national security.

But those who voted with the majority said that current measures outlined by the Bush administration and Congress are not enough to insure the fair treatment of detainees, some who have been held for years without hearings.

Earlier this month, five alleged terrorists linked to the Sept. 11, 2001, attacks were arraigned at a court in Guantanamo after being imprisoned without trial for several years. The defendants were charged with 2,973 counts of murder, as well as conspiracy in plotting the attacks.

Headline Links: Supreme Court rules in favor of detainees

"The Supreme Court today rebuked the Bush administration for a third time for its handling of the rights of terrorism detainees held at Guantanamo Bay, Cuba, saying those in custody there have a constitutional right to challenge their captivity in federal courts."

Source: The Washington Post

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The Los Angeles Times analyzes how the ruling will specifically affect the 270-some detainees who are currently at Guantanamo, including 19 who have already been charged with war crimes and about 250 who are being held without charges.

Source: Los Angeles Times

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Reactions: President Bush, Sen. McCain

President Bush said: "We'll study this opinion, and we'll do so ... to determine whether or not additional legislation might be appropriate, so that we can safely say, or truly say to the American people: 'We're doing everything we can to protect you.'"

Source: Reuters

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In an interview Sen. John McCain said that he hadn't read the Court's ruling yet. "We should pay attention to Justice Roberts," McCain said. "It is a decision the Supreme Court has made and now we need to move forward." McCain also restated his position that the Guantanamo Bay detention facility should be closed.

Source: MSNBC

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Opinion & Analysis: Newspapers editorials come down on both sides

The Wall Street Journal offered strong criticism of Supreme Court Justice Anthony Kennedy's role in the decision. "In a stroke, he and four other unelected Justices have declared their war-making supremacy over both Congress and the White House."

Source: The Wall Street Journal

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"It was a very good day for people who value freedom and abhor Mr. Bush's attempts to turn Guantanamo Bay into a constitutional-rights-free zone."

Source: The New York Times

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Columnist Rochelle Riley says that the decision marks a "return to the most basic tenet of American criminal jurisprudence: innocent until proven guilty. This is an American right and should be the right of any prisoner held by Americans."

Source: The Detroit Free Press

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"Five justices, the slimmest majority, took the unprecedented, unwarranted, unworkable step of ruling that foreigners captured in Afghanistan and on other battlefields have rights under the U.S. Constitution. And, worse, can file lawsuits to enforce them."

Source: The New York Daily News

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"Now a dark chapter in the history of a proud democracy could be nearing an end, since there's no longer a shred of doubt that Guantanamo should be closed."

Source: The Philadelphia Inquirer

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Background: The arraignment, the charges and controversial coercion techniques

Lawyers for the Sept. 11 terrorism suspects argue that interrogators used torture to produce confessions from their clients. One method employed was “waterboarding,” in which prisoners experience simulated drowning. "To say that this is a transparent, full and fair process is laughable, because if you look at any honest academic assessment, it's not, deputy chief defense counsel Michael Berrigan said.

Source: The Washington Post

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In February, the Department of Defense reported that “Each of the defendants is charged with conspiracy and the separate, substantive offenses of: murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism and providing material support for terrorism.” The DoD news release also lists each suspect’s alleged role in the attacks and their activities leading up to the attacks.

Source: U.S. Department of Defense

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The five detainees will be charged with 2,973 counts of murder, one for each person killed during the attacks. During the trial, the prosecution will have to confront the CIA’s admission that it used “harsh interrogation methods,” including the controversial practice of “waterboarding” to elicit a confession from Khalid Sheikh Mohammed, the accused architect of the operation.

Source: Reuters

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Related Topic: Alleged torture at Guantanamo

In 2004, the Red Cross sent confidential reports to the U.S government that charged that the interrogation techniques utilized at Guantanamo Bay were “‘tantamount to torture …’ It was the first time that the Red Cross, which has been conducting visits to Guantánamo since January 2002, asserted in such strong terms that the treatment of detainees, both physical and psychological, amounted to torture.”

Source: The New York Times

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