Thursday, April 2, 2009

Inmates at Afghan prison can challenge detention

WASHINGTON: A federal judge on Thursday ruled that some inmates held at a US military base in Afghanistan have the legal right to challenge their detention in US courts, just as detainees do at Guantanamo Bay, Cuba. Although the Supreme Court has ruled that detainees at the US naval base in Cuba have the right to challenge their detention, the government had argued that inmates held at the US air base in Bagram, Afghanistan did not have such a constitutional right.Judge John Bates, however, ruled the Bagram detainees faced essentially the same situation as the Guantanamo detainees, being held indefinitely without due process."Bagram detainees who are not Afghan citizens, who were not captured in Afghanistan, and who have been held for an unreasonable amount of time" may invoke the right to habeas corpus, Bates wrote, referring to the legal right dating back centuries. If it stands, the ruling could have far-reaching implications for how the US government handles terror suspects and for its operations at Bagram, where about 600 detainees are held. Barbara Olshansky, a Stanford University professor who represents about 20 detainees at Bagram, told media she felt certain that the ruling would extend to all the detainees at the US base in Afghanistan.

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