July 23, 2008
Advanced Search
Learn More About Current Issues

Refugee Rights

Human Rights & Anti-Terrorism

Accountability for Torturers

Challenges to Habeas Corpus

International Advocacy

We focus exclusively on human rights in the United States and use cutting edge litigation to promote compliance with human rights norms.

Member of World Organization
Against Torture International Network


$
Supreme Court rules that Guantanamo detainees have right to habeas corpus (6/12/2008)

supreme court.jpg In a remarkable decision issued today, the U.S. Supreme Court ruled that Guantanamo Bay alien detainees have a right to challenge the lawfulness of their detentions in U.S. federal courts. The 5-4 decision was issued in the combined cases of Al Odah v. United States and Boumediene v. Bush.

In its decision, the Court ruled that Congress had not validly suspended habeas corpus. Under Article I, Section 9, Clause 2 of the Constitution, the writ of habeas corpus may only be suspended in times of rebellion or invasion -- neither of which have occurred. 

Just as significantly, the Court also ruled that the alternative to habeas corpus that Congress set up in 2005 under the Detainee Treatment Act, which only permits detainees to challenge the lawfulness of their detentions under very restrictive and limited terms, is an inadequate and ineffective alternative to habeas. The DTA, according to the Court, did not provide sufficient legal protections to detainees who sought to challenge their detentions under the DTA scheme.

Read more...
 
Donate >> consider a tax deductible financial contribution
Volunteer >> lawyers and law firms needed for case work
Send Us Information >> on Cases/Issues needing attention
Adopt A Case >> and make a difference
Apply >> for an internship
Have a legal question or looking for legal counsel? We can help you find a law firm OR if you are a lawyer seeking human rights expertise, we can help.
Contact us >>
Home | About Us | Issues | Who We've Helped | Get Involved | News | Calendar | Contact Us | Site Map