Ruling of gitmo detainees essay

By the time Donald J. Some were told they were being taken to bathe or shower by people with little sense of the resonances of history.

Ruling of gitmo detainees essay

In their opinions, the judges have gutted accusations and questioned the reliability of statements by the prisoners during interrogations and by the informants.

Ruling of gitmo detainees essay

Although the detainees will never face a jury, they are entitled to their day in court under the court ruling. Legal scholars and outside experts say the government is likely to suffer further losses because many cases appear to be built on the same kinds of evidence that has drawn such skepticism: It recommended that about 35 be prosecuted in federal or military courts, leaving about 50 who are considered too dangerous to be freed but cannot face trial because the evidence is too shaky to hold up in court.

Justice Department officials say they are also concerned public trials might expose intelligence operations or other classified information.

The number of detainees in that category might rise. Authorities think they must continue to detain at least 30 Yemenis until the security situation in their homeland stabilizes. Obama officials are optimistic they will prevail in upcoming habeas challenges.

The Justice Department task force evaluated detainee files for months, and the strength of the habeas cases was a top factor in deciding whether to detain prisoners without trials, the officials said.

A department official, who spoke on condition of anonymity, said four prisoners who lost habeas challenges are assigned to the indefinite-detention group. The official would not say how many of those ordered released would have been put in the indefinite-detention category if the judges had ruled differently or not yet ruled.

Another Justice Department official noted the win-loss ratio is affected by 17 Chinese Muslims who have been ordered released but are not considered enemies of the U.

The department abandoned efforts to justify their detentions before a federal judge. Ten have been transferred to third countries. Habeas rulings do not always guarantee release of detainees. Under an appeals-court ruling, judges do not have the authority to order the release of prisoners into the United States; that matter is before the Supreme Court.

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They may only order the government to engage in diplomatic negotiations to facilitate the transfer of detainees.Jun 25,  · In effect, Aamer creates an interesting paradox: despite the D.C. Circuit’s decisions ruling otherwise, noncitizen detainees at Guantanamo are effectively allowed to bring due process challenges, but under the auspices of habeas regardbouddhiste.comr: Stanford Law School.

But the Pentagon denied Melzer's claims the practice has continued at Guantanamo Bay, the controversial detention center opened in by former President George W. . At its heart, the page ruling says that the detainees have the same rights as anyone else in custody in the United States to contest their detention before a judge.

Guantanamo Bay detention camp is a United States military prison located at the Guantanamo Bay Naval Base in Cuba. It was established in January , the Department of Defense claimed that the prison camp was established to detain extraordinarily dangerous persons, and to interrogate detainees in .

Jun 12,  · Properly understood, it was a ruling about the separation of powers and the role of the federal courts vis-à-vis the political branches, and not about the rights of terrorism suspects. One of the al Qaeda and Taliban detainees wearing in his cell at Camp X-Ray surrounded by heavy security at the Guantanamo Naval Base, US, 17 January,

Search form On April 19,the DoD released a list with names in what appears to be a fax or other scanned image.
Supreme Court Rules Guantanamo Detainees Have Habeas Rights Guantanamo Bay detainees rebuked by Supreme Court Published time:
ESSAY: Why Guantanamo Bay should not be closed -