Federal appeals court suggests US courts could review Gitmo tribunals

[JURIST] The US Court of Appeals for the DC Circuit Thursday questioned the US administration's approach to detentions at Guantanamo Bay [JURIST news archive], where almost all detainees have been categorized by Combatant Status Review Tribunals [US DOD materials] as enemy combatants. During oral arguments, Judge A. Raymond Randolph suggested that the judiciary might have the legal authority to review the tribunal procedures, noting that there is "nothing in the habeas statute that requires us to defer to a military tribunal." The administration's position is currently that the detainees have no Fifth Amendment due process rights due to their status as aliens held outside of the US. Randolph said, however, that this does not relate to the issue of whether or not their detention is lawful. Last year, in Rasul v. Bush [opinion; JURIST report] the US Supreme Court held that detainees could challenge their detention in US courts. The appeals court's comments come as a hunger strike staged by Gitmo detainees [JURIST report] protesting their treatment enters its second month. AP has more.

 

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