Supreme Court Hearings on Guantanamo Prisoners

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2004-4-23

This is Bob Doughty with In the News, in VOA Special English.

The United States Supreme Court heard arguments this week about
the rights of foreign terrorism suspects. The cases involve
prisoners held at the United States Naval Base at Guantanamo Bay,
Cuba.

About six-hundred men from more than forty countries are held
there. Most were captured during fighting in Afghanistan. This
followed the September eleventh, two-thousand-one, attacks on the
United States by al-Qaida.

Osama bin Laden's group had camps in Afghanistan with support
from the Taleban, which ruled the country. Those held are suspected
members of al-Qaida or Taleban fighters.

The Supreme Court heard appeals in cases brought by family
members of sixteen British, Australian and Kuwaiti citizens. These
are current or former prisoners at Guantanamo. Many have been held
for two years. They have been not charged with crimes or permitted
to speak directly with lawyers.

Human rights groups and foreign
governments have criticized the situation. The Bush administration
has refused to declare those held at Guantanamo prisoners of war.
People who are declared prisoners of war have legal rights. They are
protected by the rules of the Geneva Conventions.

Instead, the administration has declared the men unlawful enemy
combatants. It says it has the right to hold them as long as
necessary. Two lower federal courts have agreed.

The administration bases its case on a Supreme Court ruling from
nineteen-fifty. The high court ruled that foreign prisoners held
outside the United States in connection with a war are not protected
by a federal law. This law permits prisoners to dispute the
government's right to hold them.

Ted Olson is the top lawyer for the Bush administration. He told
the nine justices that the United States is at war. His wife,
Barbara, was among three-thousand people killed in the September
eleventh attacks. Mister Olson argued that the Guantanamo naval base
is outside the control of the federal courts.

He said the base is still officially a part of Cuba. The United
States has control of the base under agreements reached with Cuba
one-hundred years ago.

Retired federal judge John Gibbons represented the suspects.
Mister Gibbons argued that American law does govern the base. He
said the men should have a right to defend themselves in American
courts.

The Supreme Court justices appeared divided as they questioned
the lawyers.

The Bush administration has released one-hundred-forty-six
prisoners from Guantanamo during the past two years. It also has
announced plans to put six people on trial before a military court.

Next week, the Supreme Court will hear two more cases. These
involve American citizens held as enemy combatants. The court is
expected to give its decisions by the end of June.

In the News, in VOA Special English, was written by Cynthia Kirk.
This is Bob Doughty.


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