Reprieve Lauds US Supreme Court Decision that Guantánamo Bay Prisoners Have a Constitutional Right to a Day in Court –
But Justice May Remain Elusive
12.06.2008
Today the US Supreme Court announced that prisoners held in Guantánamo Bay – after over six years in prison without charge or trial – finally have the constitutional right to challenge their imprisonment in US court.
The Supreme Court held that Guantánamo Bay prisoners must be given the opportunity to prove their innocence in a fair forum. If they do, under today’s decision, the United States courts must set them free.
“Governments make mistakes. We all do. After today, Guantánamo Bay prisoners have the right to say: you made a mistake with me – set me free. Any one of us would want the same. Nonetheless, the Bush Administration has tried to put itself above the law again and again. While this is a great legal victory, it remains to be seen whether there will now be a move to justice on the ground. Justice in name only is still justice denied”, Zachary Katznelson, Legal Director of Reprieve stated.
The Supreme Court struck down two laws passed by the US Congress that sought to strip the prisoners of any right to challenge their incarceration: the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006.
However, the decision does not resolve everything in favour of the prisoners.
“This is a catastrophic blow for George Bush’s secret prisons policy. The Bush Administration has had three strikes in the US Courts – and they’re out,” said Reprieve Director Clive Stafford Smith. “But the prisoners still have a long way to go. Gordon Brown must recognize that this does not move Briton Binyam Mohamed any closer to freedom. It will be a long while yet before the promise of this decision becomes a reality. The simple fact is that Binyam and the rest of the 270 prisoners will continue to languish in prison unless their governments stand up for them.”
There are currently approximately 270 men in Guantánamo Bay, most of whom have been held for more than six years. Reprieve lawyers represent more than 35 of those prisoners.
Not one trial has yet taken place in Guantánamo.
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For further information, please contact Andy Worthington at Reprieve’s Press Office on 020 7427 1099.
Note for editors:
Reprieve, a legal action charity, uses the law to enforce the human rights of prisoners, from death row to Guantánamo Bay. Reprieve investigates, litigates and educates, working on the frontline, to provide legal support to prisoners unable to pay for it themselves. Reprieve promotes the rule of law around the world, securing each person’s right to a fair trial and saving lives.
Clive Stafford Smith is the founder of Reprieve and has spent 25 years working on behalf of people facing the death penalty in the USA. Reprieve lawyers currently represent over thirty-five prisoners held in Guantánamo Bay.
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