Monday, January 31, 2005


District court says Guantánamo tribunals unconstitutional

I don't usually do breaking news, but this is too good to pass up. From the Jurist,
US District Judge Joyce Hens Green has ruled that the Guantanamo military tribunals for terror suspects are unconstitutional, and that Guantanamo prisoners have constitutional protections under the law. Judge Green said that the eleven plaintiff before her in a co-ordinated habeas proceedings had valid Fifth Amendment claims and that the proceedings conducted by Combatant Status Review Tribunals [DOD fact sheet] to determine if they were "enemy combatants" violated their due process right....

Judge Green's ruling appears to conflict directly with a ruling earlier this month by US District Judge Richard Leon concluding that Guantanamo detainees had no constitutional rights [JURIST report], setting the stage for an appeal to the DC Circuit Court of Appeals.

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