BBCA US judge has dismissed a lawsuit by seven detainees at the Guantanamo Bay military base who sought to challenge the legality of their detention.
It comes as Cuba, where Guantanamo is based, formally protested to the US over the treatment of prisoners there.
Judge Richard Leon ruled it was up to the US Congress, not the courts, to decide the conditions of imprisonment.
Last June, the US Supreme Court ruled inmates did have the right to challenge their detention.
It led to a flurry of lawsuits on behalf more than 60 of the 550 or so detainees at the US Navy base at Guantanamo Bay.
Another federal judge is expected to rule soon on a separate lawsuit brought by the other detainees.
No precedent
District Judge Leon upheld the view of Bush administration lawyers that foreign nationals captured and detained outside the US had no recognisable constitutional rights.
"The petitioners are asking this court to do something no federal court has done before: evaluate the legality of the (president's) capture and detention of non-resident aliens, outside the United States, during armed conflict," he wrote in his 34-page opinion.
Lawyers for the detainees said they would appeal, the Associated Press reported.
"I didn't think it was going to be quite as sweeping as this nor quite as dismissive of the Supreme Court's decisions," said Barbara Olshansky, lawyer with the New York-based Center for Constitutional Rights.
Meanwhile, Cuba's foreign ministry says it has protested to the US government about alleged abuses against inmates at the base, on Cuba's south-eastern tip.
It accused Washington of lying, "by hiding the horrendous torture, cruelty and humiliating and insulting treatment of prisoners".
The US State Department dismissed the charges, and said it was ironic that such criticisms came from "the biggest, and most closed, human rights violator in the hemisphere".
Judge dismisses Guantanamo suit
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Judge dismisses Guantanamo suit
"Prodesse Non Nocere."
"It's all about popularity really, if your invisible friend that tells you to invade places is called Napoleon, you're a loony, if he's called Jesus then you're the president."
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"It's all about popularity really, if your invisible friend that tells you to invade places is called Napoleon, you're a loony, if he's called Jesus then you're the president."
"I'd drive more people insane, but I'd have to double back and pick them up first..."
"All it takes for bullshit to thrive is for rational men to do nothing." - Kevin Farrell, B.A. Journalism.
BOTM - EBC - Horseman - G&C - Vampire
Oooh, I know, could we place them in things called 'camps for concentration' and stick them in an oven because they are outside of US soil, and thus don't have any rights?
Well according to this guy's verdict - if I read it correctly - the US can, yippee!
Well according to this guy's verdict - if I read it correctly - the US can, yippee!
Η ζωή, η ζωή εδω τελειώνει!
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It's incredible how ignorant of the US constitution so many judges over there seem to be. But I just bet that ADmiral_K is going to start doing premature victory dances around this thread when he sees it.
Edi
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Why is it so goddamned hard to get little assholes like you to admit it when you fuck up? Is it pride? What gives you the right to have any pride?
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GOP message? Why don't they just come out of the closet: FASCISTS R' US –Patrick Degan
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They don't have any rights under the US Constitution. They're still protected by international law, just as the German POW's in WWII who were detained by the US in Canada were. However, just as the Germans didn't enjoy the protection of the US Constitution, neither do these guys.Crown wrote:Oooh, I know, could we place them in things called 'camps for concentration' and stick them in an oven because they are outside of US soil, and thus don't have any rights?
Well according to this guy's verdict - if I read it correctly - the US can, yippee!
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And you guys wonder why I'd like to see Bush impeached. Well, here's count one: Suspending the writ of Habeas Corpus. Counts? I'm not even going to try to count. I beleive it would qualify as an act against the constitution, the only time a person can suspend it is in times of invasion, and emergency, which we are really past. It doesn't say anything there about foreigners not applying.
Please kids, don't drink and park: Accidents cause people!
Would you care to try to put this argument forth in this thread? Admiral_K was very enthusiastic about it, and so far he has been thoroughly clobbered. We don't need a repeat of that thread here, it'd be tedious to type everything again, but fortunately copying and pasting from the other thread with just minor modifications should do the trick just fine. Simply put, you're wrong, and the linked thread is full of evidence to that effect, especially pages 3 through 6 of it.Master of Ossus wrote:They don't have any rights under the US Constitution. They're still protected by international law, just as the German POW's in WWII who were detained by the US in Canada were. However, just as the Germans didn't enjoy the protection of the US Constitution, neither do these guys.Crown wrote:Oooh, I know, could we place them in things called 'camps for concentration' and stick them in an oven because they are outside of US soil, and thus don't have any rights?
Well according to this guy's verdict - if I read it correctly - the US can, yippee!
Edi
Warwolf Urban Combat Specialist
Why is it so goddamned hard to get little assholes like you to admit it when you fuck up? Is it pride? What gives you the right to have any pride?
–Darth Wong to vivftp
GOP message? Why don't they just come out of the closet: FASCISTS R' US –Patrick Degan
The GOP has a problem with anyone coming out of the closet. –18-till-I-die
Why is it so goddamned hard to get little assholes like you to admit it when you fuck up? Is it pride? What gives you the right to have any pride?
–Darth Wong to vivftp
GOP message? Why don't they just come out of the closet: FASCISTS R' US –Patrick Degan
The GOP has a problem with anyone coming out of the closet. –18-till-I-die
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It's funny, because the gov't is acting on the preventative principle. Basically, it's a tactic made by the green movement in the '80s which was used to motivate gov'ts into taking action against global warming, even though evidence didn't exist.
Essentially, the US at least is thinking of the worst possible thing these "terrorists" can do as per their "paradigm of prevention", but since they haven't actually committed anything, it is impossible to defend against as all you have to accuse them of is the worst you can imagine.
It's brilliant if you think about it and love Orwellian dictatorships.
Essentially, the US at least is thinking of the worst possible thing these "terrorists" can do as per their "paradigm of prevention", but since they haven't actually committed anything, it is impossible to defend against as all you have to accuse them of is the worst you can imagine.
It's brilliant if you think about it and love Orwellian dictatorships.