US apex court allows Guantanamo prisoners to challenge detention
By Anwar Iqbal
WASHINGTON, June 28: The US Supreme Court ruled on Monday that foreign nationals held in Guantanamo Bay can challenge their detention in American courts.
The decision is a huge defeat for President George W. Bush who wanted to keep prisoners at the US military prison in Cuba out of the American justice system.
The first detainees arrived at Guantanamo Bay in January 2002. While some have already been released, a total of 595 prisoners - many of them Afghans and Pakistanis - are still being held without charge. They are suspected of fighting with the Taliban in Afghanistan or supporting Al Qaeda militants.
US justices ruled by a 6-3 vote that American courts have jurisdiction to consider the prisoners' claims who say they are being held illegally, which is in violation of their rights.
A total of 36 Pakistani nationals are still imprisoned in Guantanamo Bay. Pakistani authorities, however, have successfully negotiated the release of about two-thirds of these prisoners who are expected to be set free soon.
Pakistani authorities are also trying to convince the Bush administration to send the rest to Pakistan as well, promising to try them in Pakistani courts. The US Supreme Court also overturned the ruling by an appeals court, which dismissed the prisoners' lawsuits on the grounds that the military base is outside US sovereign territory and that writs of habeas corpus are unavailable to foreign nationals outside US territory.
The Supreme Court, however, passed no judgment on the guilt or innocence of the foreign nationals held in Guantanamo Bay. The justices also did not address the broad issues of human rights and civil liberties surrounding the prisoners' seizure and detention without trial or guaranteed access to a lawyer.
