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Guantanamo tribunals ruled unconstitutional

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  • Greg Cannon
    http://www.msnbc.msn.com/id/6889654/ Guantanamo tribunals ruled unconstitutional Judge rules proceedings violate terror suspects due process rights BREAKING
    Message 1 of 1 , Jan 31, 2005
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      http://www.msnbc.msn.com/id/6889654/

      Guantanamo tribunals ruled unconstitutional
      Judge rules proceedings violate terror suspects' due
      process rights

      BREAKING NEWS
      MSNBC News Services
      Updated: 10:32 a.m. ET Jan. 31, 2005

      WASHINGTON - A federal judge ruled Monday that some
      foreign terror suspects held in Cuba can challenge
      their confinement in U.S. courts and she criticized
      the Bush administration for holding hundreds of people
      indefinitely as �enemy combatants,� saying that doing
      so unconstitutionally violates their right to due
      process.

      U.S. District Judge Joyce Hens Green, handling claims
      filed by more than 50 detainees, said the U.S. Supreme
      Court made clear last year that the prisoners have
      constitutional rights that lower courts should
      enforce.

      "The petitioners have stated valid claims under the
      Fifth Amendment to the United States Constitution that
      the procedures implemented by the government to
      confirm that the petitioners are 'enemy combatants'
      subject to indefinite detention violate the
      petitioners' rights to due process of law," Green
      wrote in a memorandum.

      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," she added.

      The decision conflicts with a ruling two weeks ago by
      another federal judge based in Washington. U.S.
      District Judge Richard Leon found that last year's
      landmark Supreme Court ruling did not provide
      detainees at Guantanamo Bay the legal basis to win
      their freedom.

      About 550 detainees are being held at the U.S. Navy
      base, accused of being enemy combatants.

      The Associated Press and Reuters contributed to this report.
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