|
Justice Prevails: Reasserting Habeas
Corpus
Aref Assaf
June 15, 2008
A bright day for American justice. For the
third time, the Supreme Court has upheld the fundamental rights
of Guantanamo detainees. In its historic decision the Court
affirmed detainees' right to habeas corpus. One of the oldest
and most basic legal protections, habeas corpus affords the
incarcerated the right to challenge the legality of their
detention before a judge and keeps the king and president from
arbitrarily locking people up and throwing away the key.
Check out Ahmed Soliman's piece in
today's Bergen Record,
"Things improving for ethnic minorities."
In a landmark decision today by
the U.S. Supreme Court, the court ruled that the 270 foreign
terror suspects currently being held in Guantanamo Bay have the
right under the U.S. Constitution to challenge their detention
in civilian courts on the American mainland.
In the
decision, the Court struck down a provision of the Military
Commissions Act of 2006 that denies Guantanamo detainees the
right to file petition of habeas corpus, which would allow
courts to determine whether a prisoner is being held illegally.
The court said not only that detainees have rights under the
Constitution, but that the system the administration has put in
place to classify them as enemy combatants and review those
decisions is inadequate.
SEE: "Justices Rule Terror Suspects Can Appeal in Civilian
Courts"
(New York Times)
http://www.nytimes.com/2008/06/13/washington/13scotus.html?_r=2&hp&oref=slogin&oref=slogin
Justice Anthony Kennedy, writing for the
court, said, "The laws and Constitution are designed to survive,
and remain in force, in extraordinary times.
Despite the 5-4 decision, the
court did not order President Bush's military tribunal process
to be halted. Previously, the court held that detainees could
bring habeas suits in civilian courts, and that neither Congress
nor the administration could replace access to the courts with a
flawed and unfair tribunal process.
We are pleased that the Supreme Court
underscored the critical role of habeas corpus, proving the U.S.
remains a country where all people can seek the protection of
just laws and independent judges
In August 2007, AAF joined a coalition of
public interest and religious groups to file a joint
friend-of-the-court, amicus brief with the Supreme Court in
support of basic Constitutional rights.
Fulbright and Jaworski, a leading
international law firm with a well-recognized Supreme Court and
appellate practice served as counsel for the brief. Co-counsel
for the brief were: The Constitution Project, Human Rights
First, Human Rights Watch, and the Rutherford Institute.
In addition to AAF, signatories to the brief
were: American-Arab Anti-Discrimination Committee, American
Freedom Agenda, American Jewish Committee, Anti-Defamation
League, Jewish Council for Public Affairs, National Association
of Criminal Defense Lawyers, National Association of Social
Workers, National Council of the Churches of Christ in the
U.S.A., Open Society Institute, Patriots to Restore Checks and
Balances, People for the American Way Foundation, and Union for
Reform Judaism.
Related; Some of Dr. Assaf's views on the HABEAS CORPUS issue:
|
