Mon Sep 17 07:03:48 200717

Fetching...
 
YOU ARE HERE: Homepage > Newsdesk > Article
U.S. court grants evidence to Guantanamo lawyers
21 Jul 2007 02:29:08 GMT
Source: Reuters
WASHINGTON, July 20 (Reuters) - A federal appeals court on Friday ruled lawyers for Guantanamo prisoners should have access to nearly all government evidence so they can challenge detainees' designation as "unlawful enemy combatants."

The unanimous ruling by a three-judge panel of the U.S. Court of Appeals in Washington was a blow to the Bush administration's attempt to limit the lawyers' access to only the evidence presented to a U.S. military tribunal that made the determinations.

The ruling came on the same day President George W. Bush ordered the CIA to comply with Geneva Conventions against torture in dealing with detainees held at Guantanamo Bay, Cuba and secret CIA prisons elsewhere.

"Contrary to the position of the government, the record on review consists of all the information a tribunal is authorized to obtain and consider," the court ruling stated.

The court also ruled that detainees' lawyers should have access to classified information relating to clients' cases. "Certain highly sensitive information" may be withheld from the lawyers, but not from the court, the judges ruled.

Lawyers for the detainees argued in mid-May that being able to review all documents compiled by the U.S. government, not just those presented to the military tribunal, could help them clear the detainees, some of whom have been jailed for more than five years.

There are about 385 detainees at Guantanamo, which was set up to handle prisoners captured by the United States following the Sept. 11 attacks.

U.S. government attorneys have argued that any evidence that could help clear prisoners would have been turned over to the military tribunal that made the "unlawful enemy combatant" determination.

In rejecting that argument, the court ruled that an adequate review of the tribunal's determination cannot be made "without seeing all the evidence, any more than one can tell whether a fraction is more or less than one-half by looking only at the numerator and not at the denominator."

The court also rejected the government's position that lawyers should only have one eight-hour visit to Guantanamo to obtain approval from a prisoner to represent him.

The judges said a second visit would allow the lawyer "time to earn the detainee's trust."

Democrats in Congress are considering legislation calling for closing the Guantanamo prison, arguing indefinite detentions and allegations of prisoner mistreatment, which the military denies, is hurting the United States' reputation abroad and stoking potential acts of terrorism.
AlertNet news is provided by

Delicio.us  |   Digg  |   NewsVine  |   Reddit                                                                                  Permalink

FEATURE-Mammoth dung, prehistoric goo may speed warming
FACTBOX-Afghanistan's long battle to free itself of landmines
FEATURE-Afghanistan's deminers surrounded by danger
FEATURE-Waging "war on terrorism" 30 squares at a time
US Iraq envoy blasts pace of refugee process-paper
Medical Teams International sends medicines to children in Baghdad
Sept. 11: Many Americans struggle with fear, anxiety
Publications Update: a new newsletter from the International HIV/AIDS Alliance
New International Health Partnership must build on AIDS accountability
Assisting More Iraqi Refugees in Crisis - IMC Starts New Programs in Jordan
Thumb for /thefacts/imagerepository/RTRPICT/2007-09-17T040309Z_01_GUA20_RTRIDSP_2_USA-GUANTANAMO-GUARDS_mainimage.jpg|/thenews/pictures/GUA20.htm
Thumb for /thefacts/imagerepository/RTRPICT/2007-09-17T040150Z_01_GUA13_RTRIDSP_2_USA-GUANTANAMO-GUARDS_mainimage.jpg|/thenews/pictures/GUA13.htm
Thumb for /thefacts/imagerepository/RTRPICT/2007-09-17T035932Z_01_GUA06-_RTRIDSP_2_USA-GUANTANAMO-GUARDS_mainimage.jpg|/thenews/pictures/GUA06..htm
Thumb for /thefacts/imagerepository/RTRPICT/2007-09-17T035809Z_01_GUA21_RTRIDSP_2_USA-GUANTANAMO-GUARDS_mainimage.jpg|/thenews/pictures/GUA21.htm
Thumb for /thefacts/imagerepository/RTRPICT/2007-09-17T035627Z_01_GUA05_RTRIDSP_2_USA-GUANTANAMO-GUARDS_mainimage.jpg|/thenews/pictures/GUA05.htm

A guard opens the gate to Camp Delta at the Guantanamo Bay Naval Station in Guantanamo Bay, Cuba in this September 4, 2007 file photo. Ringed by cells where bearded men pace back and forth behind windowed doors, a U.S. sailor in camouflage fatigues stood by a metal table with a roll of toilet paper, portioning out strips of 30 squares each. The guard is among 1,800 U.S. troops at the camp that holds 340 suspected al Qaeda and Taliban captives at the U.S. naval base in southeast Cuba and their commander is worried about their morale. To match feature USA-GUANTANAMO/GUARDS



URL: http://www.alertnet.org/thenews/newsdesk/N20272717.htm

For our full disclaimer and copyright information please visit http://www.alertnet.org