U.S. Supreme Court Accords Certain Rights to Detainees Posted Jul 09, 2004 ©MurthyDotCom A recent ruling from the U.S. Supreme Court signals a triumph for civil rights to "aliens" and even to "enemy combatants." On June 28, 2004, the Supreme Court held in Rasul v. Bush that U.S. courts have jurisdiction to review challenges to the legality of detention of foreign nationals who are detained as enemy combatants in the Guantanamo Bay Naval Base in Cuba (Guantanamo Bay). ©MurthyDotCom While the U.S. engaged the Taliban in Afghanistan, over 640 non-U.S. citizens were captured outside the U.S. and sent to detention at Guantanamo Bay. To date, at least two Australians and twelve Kuwaitis, among others, have not been charged with any violation and have been denied access to counsel and the courts. These 14 people filed for a writ of habeas corpus. This writ is used by the courts to demand that the person either be tried or released. The District Court and the Court of Appeals originally ruled that the detainees did not have access to the courts because they were not detained on U.S. soil and so were not subject to the protection afforded under U.S. laws. The U.S. Supreme Court, however, found that, since the U.S. exercises complete control and exclusive jurisdiction over Guantanamo Bay, the land is within the jurisdiction of the U.S. and the detainees may challenge their detention in the District Court. The Court also noted that nothing in the right to habeas corpus review limits that right only to U.S. citizens. ©MurthyDotCom At this point, the District Court that originally dismissed the case for lack of jurisdiction will now examine the merits of issuing a writ of habeas corpus for the plaintiffs. This victory for the detainees does not guarantee their ultimate release. Still, the Center for Constitutional Rights, has already requested access to 60 detainees in Guantanamo Bay whom they represent. ©MurthyDotCom This issue has been an item of hot discussion for several years now. We will continue to monitor this important matter for MurthyDotCom and MurthyBulletin readers, since we believe that one of the hallmarks of this great country is the protection of fundamental civil liberties even as attempts are made to guard against the threat of terrorism. It is a complicated problem, but one with which we, as a nation, must grapple. © The Law Office of Sheela Murthy, P.C.
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