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Entries in Supreme Couty (1)

Friday
Apr032009

Bagram Inmates To Challenge Detention

Bagram Theater Internment Facility sally port [via Wikimedia]Josh Mull points us to this story, which suggests that inmates at the Bagram Internment Facility may soon be able to follow Guantánamo detainees in challenging their detention in US courts:
Although the Supreme Court has ruled that detainees at the US naval base in Cuba have the right to challenge their detention, the government had argued that inmates held at the US air base in Bagram, Afghanistan did not have such a constitutional right.

Judge John Bates, however, ruled the Bagram detainees faced essentially the same situation as the Guantanamo detainees, being held indefinitely without due process.

"Bagram detainees who are not Afghan citizens, who were not captured in Afghanistan, and who have been held for an unreasonable amount of time" may invoke the right to habeas corpus, Bates wrote, referring to the legal right dating back centuries.

If it stands, the ruling could have far-reaching implications for how the US government handles terror suspects and for its operations at Bagram, where about 600 detainees are held.

Full article here.