Habeas-Case Defendents Ordered Released From Guantanamo
Wow. A federal judge has ordered the release of five of six Algerian enemy-combatant defendants from Guantanamo Bay — including Lakhdar Boumediene himself, the man whose case prompted the Supreme Court last year to rule that there could be no suspension of habeas corpus in terrorism cases.
There’s going to be more to this than my puny legal mind can handle, but that’s why we have Daphne Eviatar. For now, though, the Center for Constitutional Rights’ Vincent Warren has made the following statement:
“„This decision illustrates once again that the arbitrary detention of prisoners at Guantanamo Bay has been and continues to be unlawful.
“„Even in a courtroom that was largely closed to the public and the press, and with the detainees allowed only limited access to the proceedings by telephone, the court could find no reason to hold these men. This decision makes it clear once again that even with presumptions in its favor, the government cannot muster the barest evidence in support of its arbitrary detentions. For seven years, the Bush administration sought to avoid the courts because it had no evidence and sought instead to create a lawless prison.
“„We must note that justice here, however, comes seven years too late. The restoration of habeas corpus is a great achievement, and what is necessary now is for the government to give up this fatally flawed system, rescind the ‘enemy combatant’ labels slapped on recklessly by combatant status review tribunals and return the men at Guantanamo to their home countries or, for those needing resettlement or asylum, to a safe third country.
“„We hope a new administration makes restoring the lives of hundreds of men at Guantanamo who have never been charged with any crime or tried in a court of law a top priority. Guantanamo Bay is a failure by every measure and must be closed immediately.
