US Supreme Court v. Guantanamo Bay Indefinite Detentions

[citizenbfk]

RE: New Headline Today:
Ruling affirms detainees' right to U.S. court hearings
High court rebuffs post-9/11 policies
http://www.freep.com/apps/pbcs.dll/article?AID=/20080613/NEWS07/806130423/1009/NEWS07

ARTICLE SEGMENTS:
QUOTE: The Supreme Court ruled Thursday that Guantánamo Bay detainees
have a right to challenge their imprisonment in federal courts, in
another rebuff to the Bush administration's effort to keep detainee
cases under military control and away from review by U.S. judges.
Kennedy stressed, "The laws and Constitution are designed to survive,
and remain in force, in extraordinary times. Liberty and security can
be reconciled; and in our system they are reconciled within the
framework of the law."
The question was whether Congress could prevent detainees from
challenging their confinement in federal court through a writ of
habeas corpus.
Long a part of Anglo-American tradition, a writ of habeas corpus
(Latin for "you should have the body") requires whoever holds the
prisoner to allow him to make his case of unlawful confinement. A
related question in Thursday's case was whether a Guantánamo screening
process to determine a prisoner's enemy combatant status could be an
adequate substitute for a habeas hearing.
As Kennedy read portions of his 70-page opinion from the bench, he
noted that many of the Guantánamo prisoners have been held for six
years without review of their claims.
"Their access to the writ is a necessity," he said, looking out into
the marble courtroom....Kennedy addressed the Guantánamo screening
procedures. He pointed to several flaws, including a detainee's
limited ability to challenge the facts against him or to put in the
record his own version of events.
END QUOTE

COMMENT:
It's great to see one of the most fundamental principles of the US
Constitution (& Anglo-American law) is declared and will be restored:
The right of an accused person to have a trial, to have "their day in
court."

For six years now 300 people (more - or less, at time) have been held
without trial or even without specific charges of what crimes they
did.

It feels good that this one of the Bush's administration's evils is
undone but feels bad that it was able to be done at all.

Even in victory the law is often cruel. The men still sit in jail.
Even though ordered to have trials for the prisoners delays and more
delays can be expected.

Who knows? Maybe some will even be found guilty? Although I've heard
that several were really "set-ups," just so some warlord could collect
a bounty and others just bodyguards or chauffeurs -- yet the military
was able to use them for it's propaganda to keep the country in fear.

But the court confirms indefinite detentions are what we should fear.