No relief for incarcerated Guantanamo detainees from US judiciary leaving them at mercy of military
"The Center for Constitutional Rights is extremely disappointed in the (US) Supreme Court’s denial of certiorari in the latest set of habeas cases brought by Guantánamo detainees.
By refusing to hear these cases, and any Guantánamo cases since its 2008 Boumediene decision, the Supreme Court abandons the promise of its own ruling guaranteeing detainees a constitutional right to meaningful review of the legality of their detention."
The US-based Center for Constitutional Rights so said in a statement issued by its Executive Director Vincent Warren in response to the U.S. Supreme Court’s denial Monday. June 11 of certiorari to the cases of seven Guantánamo detainees who had petitioned the Court for review of decisions by the Court of Appeals for the D.C. (District of Columbia in Washington) Circuit.
The Asian Tribune previously disclosed that there are close to 200 'enemy combatant' detainees in US-managed Guantanamo Bay Prison with no right to habeas corpus or access to legal advice.
87 men who have been unanimously cleared by the military, intelligence and law enforcement agencies long time ago as no threat to the U.S. are still in custody at Gunatanamo.
In Monday June 11 decision the U.S. Supreme Court refused to hear their habeas cases and review the Appeal Court decision, as Center for Constitutional Rights describe," allowing the lower Appeals Court of the D.C. Circuit to rubber stamp the military decision-making."
The statement continues to say: (Quote) For nearly 10 years, the Supreme Court’s involvement has been essential in checking the excesses of Executive-Branch detainee policy and in clearing a path in the lower courts for justice for the detainees. The Court’s refusal to get involved at this critical juncture permits the Court of Appeals to continue to rubber stamp the military’s decision-making, undermining our constitutional system of separation of powers.
Today’s decision leaves the fate of detainees in the hands of a hostile D.C. Circuit Court of Appeals, which has erected innumerable, unjustified legal obstacles that have made it practically impossible for a detainee to win a habeas case in the trial courts.
In light of the failure of the courts to carry out their constitutionally-assigned role, CCR calls on the President to fulfill his promise to close Guantánamo, the most infamous prison in the world. He should begin by releasing the 87 men who military, intelligence and law enforcement agencies have unanimously concluded should be released on the grounds that they pose no danger to the United States. (End Quote)
- Asian Tribune –