Wednesday, October 28, 2009

Guantanamo detainees case reaches Supreme Court - Yahoo! News

Guantanamo detainees case reaches Supreme Court - Yahoo! News: "By MARK SHERMAN, Associated Press Writer Mark Sherman, Associated Press Writer – Tue Oct 20, 7:45 pm ET
WASHINGTON – The Supreme Court agreed Tuesday to decide whether Guantanamo detainees who are considered no threat can be ordered released in the United States — over the objections of the Obama administration and Congress — if the prisoners have nowhere else to go.
The case could further complicate the administration's plans to close the Guantanamo prison where 220 or so men are still held.
The court's fourth look at the terror-suspects detention system, created by the Bush administration following the Sept. 11, 2001, attacks, will focus on 13 Chinese Muslims, most of whom were cleared by the Pentagon for release in 2003. Six years later — and eight years after their capture in Pakistan and Afghanistan in 2001 — they remain in custody at the U.S. naval base in Cuba. The first three high court decisions were rebukes to the government for denying detainees their day in court.
The justices said they will hear a challenge from the Chinese Muslims, or Uighurs (WEE'-gurs), who are asking the court to put some teeth into its June 2008 ruling that said federal judges could ultimately order some detainees to be released, depending on security concerns and other circumstances."

2 comments:

  1. The issue of Guantanamo, in this article has been in the news since Obama was sworn into office and I am still confused by it. If the Chinese Muslims were found innocent in 2003 than why have they still been in prison and at Guantanamo none the less. Why did it need to be taken all the way up to the Supreme Court if they truly are innocent and not a threat?

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  2. If I understand this correctly, they are free to go back to China at any time but refuse to do so based on a fear of the Chinese government. If in fact that is the case, they are not being detained in relation to the original charges. By refusing to return to China they are technically being detained as illegal immigrants. The options, if they fear torture and death by their government, are to adhere to the regulations of immigration. In order to stay in the United States they would need to be granted political asylum or leave the country or be admitted legally under the immigration laws.

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