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NCC welcomes court decision on Guantanamo detainees

 


NCC welcomes court decision on Guantanamo detainees

 

June 28, 2004                                    

 

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The U.S. Supreme Court
By Carol Fouke*

 

NEW YORK (UMNS) -- The National Council of Churches USA welcomed the U.S. Supreme Court’s June 28 ruling that the nearly 600 foreign nationals detained at the U.S. military base at Guantanamo Bay have the right to challenge their detention in American courts.

 

The NCC said the Court’s ruling in the consolidated Al Odah v. United States and Rasul v. Bush supports the Council’s moral contention that there is no land without law.

 

“At issue here,” said the Rev. Robert W. Edgar, NCC chief executive and a United Methodist clergyman, “is not the guilt or innocence of these terrorism suspects but rather their right under the U.S. Constitution and international law to challenge the legality of their detention.

 

“If the United States is to model democracy, it must accord due process to all whom it detains,” he said.  “It was disingenuous for the U.S. Administration to claim that because Guantanamo is not formally U.S. ‘sovereign’ territory, the Guanatanamo detainees could not petition U.S. courts for review of their detention.  In fact, the U.S. courts are the only courts to which these detainees can assert their innocence and the Supreme Court’s ruling today recognizes that.”

 

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Photo by Rick Reinhard, Washington, D.C., for the NCC

The Rev. Robert Edgar and former hostage Terry Waite support the mother of a German detained at Guantanamo Bay.
Edgar called on the United States to move quickly to charge or release the Guantanamo prisoners, and to give those charged a fair chance to defend themselves. 

 

The NCC was among signatories to a “friend of the court” brief supporting the due process rights of the Guantanamo detainees, filed in January by the Lawyers Committee for Human Rights, which was recently renamed Human Rights First.

 

In March, the NCC co-sponsored a visit to Washington, D.C., by a delegation of the international Guantanamo Human Rights Commission, a London-based organization that includes relatives of Guantanamo detainees and others calling for recognition of the detainees’ right to due process.

 

The U.S. Supreme Court -- in its 6-3 decision on the case Al Odah v. United States and Rasul v. Bush -- ruled that American courts do have the jurisdiction to consider the claims of prisoners who say they are being held illegally in violation of their rights.  Foreign nationals from more than 40 countries have been held at Guantanamo since early 2002, most of them without charge.

 

*Carol Fouke is communications director of the National Council of Churches.

 

·(646)369-3759·New York· E-mail: newsdesk@umcom.org.

 

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