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upreme Court: Guantánamo Detainees Have Constitutional Right to Habeas Corpus
CCR, Co-Counsel Win Landmark Case
Contact: Press@ccrjustice.org
Washington, DC — In one of the most important human rights cases of the decade, the Supreme Court of the United States held today, in a 5-4 decision, that the men imprisoned at Guantánamo Bay have the constitutional right to habeas corpus.

One of the oldest and most basic legal protections, habeas corpus affords the incarcerated the right to stand before a judge and confront the charges presented against him or her. The Center for Constitutional Rights has been sending habeas counsel to represent the prisoners at the base since winning the first Guantánamo case, Rasul v. Bush, in 2004, and applauds today’s decision.

“The Supreme Court has finally brought an end to one of our nation’s most egregious injustices,” said CCR Executive Director Vincent Warren. “By granting the writ of habeas corpus, the Court recognizes a rule of law established hundreds of years ago and essential to American jurisprudence since our nation’s founding. With habeas you never would have had these men – so many of whom have been cleared of any wrongdoing – locked up and abused because no court was watching. In those cases, the government will now have to put up or shut up: it will have to show an impartial judge enough evidence to justify detention. This six-year-long nightmare serves as a lesson in how fragile our constitutional protections truly are in the hands of an overzealous executive.”

Nine months imposed by Howard’s phony deal

David has pleaded guilty to “providing support to a ‘terrorist’ organisation” - a plea bargain very difficult to reject by anyone in his position. His ‘crime’ is unknown in Australian law and was only recently created in the US. Even National Senator Barnaby Joyce said: ‘The only thing that is guilty here is the
judicial process under which [David] was being tried’.

David has been languishing in the hell hole of the US naval base of Guantanamo since 11 January 2002. He was condemned by the Howard government to 5 years of hell. Howard confessed that just a phone call would have freed David from this ordeal, but he refused to do so. In 2004, a military commission, a kangaroo court, was set under US executive orders to determine the fate of those charged at Guantanamo. In June 2006 the MC was found unlawful by the US Supreme Court. Initial charges against David were dismissed. In October 2006 US Congress approved of an unconstitutional MC, currently being challenged in the US Supreme Court.

Nevertheless, David’s new charge: “providing material support for terrorism” was introduced – a retrospective charge non-existent in international law. Howard’s phony deal with the US administration means David has been imposed ‘gag orders’ and another 9 months of imprisonment, not because of
David’s guilt but for Howard to have a smooth run before the next Federal election.

Free David Hicks A5 flyer (Sydney rally) attached

Download these pdf's to make your own placards in support of David Hicks

For the first time in the David Hicks case the prosecution, the defence, the Australian Government and the family come together in one forum. Late last week Insight finally heard more details of the charges David Hicks is facing if he ever gets to trial - attempted murder and providing material support for terrorism.

Transcript available here or for download here