Guantanamo and habeas corpus

Since last Monday, when WikiLeaks began releasing classified military documents relating to almost all of the 779 prisoners held in Guantánamo, I have undertaken a number of interviews — with Amy Goodman on Democracy Now!, with the BBC and Press TV, with Scott Horton of Antiwar Radio, with Alexa O’Brien for WikiLeaks Central, and with […]

Last week, in my article, How the Supreme Court Gave Up on Guantánamo, I explained how, given the option of addressing complaints made by prisoners in Guantánamo regarding the basis of their ongoing detention, the Supreme Court chose not to, leaving the final decisions regarding the prisoners not in the hands of the District Court […]

Last Monday, on the very same day that the Obama administration gave up on Guantánamo, so too did the Supreme Court. As far as we know, it was not a choreographed climbdown — nor had money been offered by George W. Bush and Dick Cheney to rehabilitate their legacies — but the effect was the […]

If I was an American lawyer who had fought for many years to secure habeas corpus rights for the prisoners held at Guantánamo Bay, Cuba — in other words, the right to ask an impartial judge to rule on my captors’ reasons for slinging me in a legal black hole and leaving me to rot […]

Those of us who have been studying Guantánamo closely were not surprised when, on March 7, President Obama announced that he was lifting a ban on trials by Military Commission at Guantánamo, which he imposed on his first day in office in January 2009, and also issued an executive order establishing a periodic review of […]

For the US attorneys who represent prisoners in Guantánamo, and who have spent many years seeking justice for their clients, it has been a long, and generally disappointing road. After triumph in June 2004, when, in Rasul v. Bush, the Supreme Court granted the prisoners habeas corpus rights, allowing them to meet their clients for […]

Regular readers will know that the ongoing injustice at Guantánamo, where 172 men remain, is so severe that President Obama’s promise to close the prison has, instead, turned into a concession by defense secretary Robert Gates, speaking to the Senate Armed Services Committee last week, that “the prospects for closing Guantánamo, as best I can […]

In the litany of injustices that still permeate the “War on Terror” prison at Guantánamo — including President Obama’s decision to hold 47 men indefinitely without charge or trial, the resistance by lawmakers to proposals to free prisoners cleared for release by the President’s Guantánamo Review Task Force, or to allow federal court trials for […]

The Second World War lasted for six years, and at the end of it prisoners of war were released to resume their lives. At Guantánamo, on the other hand, the prison has just marked the ninth anniversary of its opening, and on Thursday the Pentagon announced that Awal Gul, a 48-year old Afghan prisoner, who […]

In the debate about the closure of Guantánamo, I have made my position abundantly clear, in, for example, my recent articles, Guantánamo Forever?, The Political Prisoners of Guantánamo and Obama’s Collapse: The Return of the Military Commissions. Lacking courage, President Obama has allowed a cynical Congress to oppose his plans to bring prisoners to the […]