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January 31, 2005: Judge Rules that Guantanamo Detainees Are Entitled to Legal Recourse in US Courts

US District Judge Joyce Hens Green rules that Guantanamo detainees may legally challenge their detention in US courts as a violation of their constitutional due process rights. She says that last year’s Supreme Court decision (see June 28, 2004) made it clear that detainees are entitled to constitutional rights. Her ruling flatly contradicts the decision of another judge who ruled on a similar case two weeks before (see January 20, 2005). [Los Angeles Times, 1/31/2005; Washington Post, 1/31/2005] She also rules that the Combatant Status Review Tribunals being held in Guantanamo are unconstitutional and “violate long-standing principles of due process….” According to Green, the tribunals deny detainees a fair trial to which they are constitutionally entitled. She found that the tribunals relied heavily on reported confessions of detainees despite widespread allegations and some evidence that detainees had been abused during interrogations. In reviewing classified material on the tribunals’ decisions, she notes that there were many cases in which the prosecution failed to provide any evidence that the detainee was ever engaged in combat or terrorism. The tribunals, Green writes, “violate long-standing principles of due process by permitting the detention of individuals based solely on their membership in anti-American organizations rather than on actual activities supporting the use of violence or harm against the United States.” [Washington Post, 1/31/2005] Green also rules that Taliban members are entitled to prisoners of war status because they were fighting in the name of the Afghan government when they were captured. [Washington Post, 1/31/2005]

Entity Tags: US Supreme Court, Joyce Hens Green

Timeline Tags: Torture of US Captives, Civil Liberties

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