By Kenneth J. Theisen, 4/4/07
On April 2, 2007, the U.S. Supreme Court rejected hearing
two cases that challenged the imprisonment of so-called “enemy combatants” at Guantanamo. (The cases are: Al Odah vs. USA and Boumediene
vs. Bush.) The prison there currently holds nearly 400 prisoners accused of
being terrorists. Many have been held
there more than five years, the vast majority without having been charged with
any offense.
Two previous Supreme Court cases, Rasul vs. Bush and Hamdan
vs. Rumsfeld held that non-citizens arrested in the “war on terror” and held at
Guantanamo had
the right to petition the federal courts to contest their incarceration. But after these rulings the Bush regime
pushed through the Military Commissions Act (MCA) which denied this right. The MCA also stripped those designated as
enemy combatants of most other due process rights.
The most recent cases were brought by two groups of Guantanamo detainees to challenge
the MCA provision that did away with habeas corpus. In order for the case to be
heard by the Supreme Court at least four justices need to agree to hear the
case.
In Monday’s opinion three Supreme Court justices wrote that “these
questions deserve this court’s immediate attention.” Justices Stevens and
Kennedy in a joint statement to the media stated, that the decision “does
not constitute an expression of any opinion on the merits.” This means that the cases still may be heard,
but only after going through the regular appellate process. But that may take years.
The MCA applies to all non-citizen prisoners held by the U.S. government at any facilities not on U.S. soil. Prisoners go before a kangaroo military
tribunal which decides whether they should be held. They are not represented by counsel and have
limited rights at the hearing. In
virtually all cases the tribunal rules for the government and against the
prisoner. In these cases, the case can
be appealed to the notoriously conservative U.S. Court of Appeals for the D.C.
Circuit. The review of the tribunal
decision is based on standards different from habeas corpus petition standards.
In effect, the case is rigged in favor
of the government.
So far all three branches of the U.S. government have denied
detainees held in the so-called “war on terror” even elemental due process
rights. The executive branch, under
Bush, has illegally detained and abused them.
Congress, the legislative branch, has passed laws legalizing their
detention and stripped them of their rights.
Now the Supreme Court is refusing to even give them a hearing to argue
their cases. All of this is done in your
name. As I have asked repeatedly, what
are you going to do about it?
Also read: Plea
Bargain Deal of “Convicted Terrorist” Meant to Silence Crimes of the Bush
Regime on the trial of Australian Guantanamo detainee David Hicks.