Guantanamo Detainees: Habeas Corpus Challenges in Federal Court
Abstract
After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. Section 2241 to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers have filed more than a dozen petitions on behalf of some 60 detainees in the District Court for the District of Columbia, where judges have reached conflicting conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Graham Amendment and analyzes how it might affect detainee-related litigation in federal court. It will be updated as events warrant.
Document Details
- Document Type
- Technical Report
- Publication Date
- Dec 07, 2005
- Accession Number
- ADA480094
Entities
People
- Jennifer K. Elsea
- Kenneth Thomas
Organizations
- Library of Congress