Judge Rules That Gitmo Detainee Review Tribunals Illegal

Judge Joyce Hens Green of the U.S. District Court for the District of Columbia ruled in a 75 page memorandum opinion that the detainees held in Guantanamo Bay, Cuba, could challenge their detention. Judge Green criticized the Bush administration for not following the ruling of the Supreme Court last year that stated detainees held such rights. Judge Green ruled that the detainees’ rights could at least be found in International Law and that they are entitled to challenge their detention under the Geneva Convention.

Currently the detainees go before a Combat Status Review Tribunal with no representation and are not told of the evidence against them. The military can use secret evidence or evidence that may have been obtained through duress or other forms of torture.

Judge Green’s ruling is in contrast to a ruling by District Court Judge Richard Leon of D.C. Circuit. Leon interpreted the Supreme Court’s ruling last year did not grant the detainees rights to challenge their detention in U.S. Courts. Leon ruled that foreign citizens captured outside the U.S. had no rights under Constitution or International Law.

I think Judge Green’s ruling is rightly decided. It makes no sense to say somebody is not protected by International Law. Judge Leon’s ruling totally ignores the Geneva Convention, which provides protection to those found to be “unlawful combatants.” His ruling goes against human rights and America would be wise to not follow it. This, of course, sets up a showdown at some point with the Supremes. I predict another 5-4 decision with O’Connor making the deciding vote.