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Guantanamo Tribunals Ruled Unconstitutional

HeadlineFeb 01, 2005

A federal judge ruled Monday that detainees held at Guantanamo have a right to challenge their detention in court and that the military tribunals set up by the Pentagon violated both the Constitution and the Geneva Conventions. The judge, Joyce Hens Green of Federal District Court in Washington, also rejected the Bush administration’s request to throw out lawsuits filed by 54 detainees protesting their imprisonment. The judge wrote that the war on terror “cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over 200 years.” The decision however contradicts another recent federal court ruling increasing the likelihood that a higher court, possibly the Supreme Court, will take up the issue.

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