Posted on 03/30/2005 10:16:40 AM PST by SmithL
WASHINGTON, (AP) --
A federal judge has prohibited the government from moving 13 Yemenis from the U.S. detention center for terrorism suspects at Guantanamo Bay, Cuba, to other countries without giving them a chance to contest the transfer in court.
U.S. District Court Judge Henry H. Kennedy Jr., in granting an injunction requiring 30 days' notice before the detainees are transferred, said their concerns about losing more rights under lock and key in another country are legitimate.
Kennedy's decision on Tuesday affects just the 13 Yemenis held at Guantanamo, but lawyers for dozens of other detainees there have asked other federal judges to block such transfers on similar grounds.
Lawyers for the Yemenis were concerned the government would try to move them from the Guantanamo Bay facility to another country. They contend the Defense Department is actively planning the transfer of detainees to countries that would torture or imprison them indefinitely without due process of law.
The government has denied the assertions. The Justice Department did not immediately return a phone call Wednesday seeking comment on the judge's decision.
Kennedy said worries about the risk of torture in another country are not "frivolous." Moreover, the detainees might lose any chance to get a fair hearing when challenging the legitimacy of their detention, he said.
The judge dismissed as "vague premonitions" the government's argument that having to give notice would encroach on the administration's foreign relations and war on terrorism.
(Excerpt) Read more at sfgate.com ...
End the imprisonment at Guantanamo, continue the imprisonment at Guantanamo, will you leftists make up your mind?
wow, judges really do believe they run this country
well, I guess with the free hand they have, they do
"...their concerns about losing more rights under lock and key in another country are legitimate."
How bout a transfer to Pinellas County?
Isn't this just more proof that the judiciary thinks it controls the executive branch and the Congress as well as the courts?
Exactly-- Federal judges have as much authority over captured combatants as I do.
Move them to Florida where Judge Greer can starve them and dehydrate them to death.
Nope can't do that cause they might be subject to thew laws of that country.
I have it move them to the judges quarters provide exterior guards and he will be resosponible for their conduct inside his house, if he doesn't like that move them to the local ACLU HQ, ie the ACLU state location that filed the briefs.
Let them feed an care for them, if my tax dollars pay for it might as well be the ACLU money that has been stolen from me.
Let the judges and the ACLU live with the results of their lawsuits.
"...concerns about losing more rights under lock and key in another country are legitimate"
I don't understand. Isn't GITMO a cross between the black hole of Calcutta and the legal 'land that time forgot' that Liberals have made it out to be? Gee, you mean terrorists would prefer detention in a US facility (ghastly as it is) to detention elsewhere??? Has the left lied to us about the conditions and treatment of detainees at GITMO??? I am shocked!!!
Anyone taken into custody by the All-Mighty-State should be treated according to the laws of the United States and any treaties the United States has signed. It should not matter where a prisoner is located.
I wonder if any of these countries are the ones the Supremes look to when they use international opinions and laws to unconstitutionally shape their decisions these days.
So, let me get this straight:
We are being tortured in your prisons.....
But we don't want to go to another country's prisons..??
......
.....
Huh?
RLTW
Don't transfer them, simply invite other to come pick them up and take them somewhere else.
The Defense Dept needs to ignore this idiot and transfer these people where and when they need to.
These prisoners are not afforded the rights of US citizens. It is not illegal to be associated with AlQueada by our laws any more than to be associated with the KKK. IT was not illegal to be German during WWII but we knew better than to try them by our laws or ever try them till the war was over. That is what a POW is.
WAKE UP AMERICA!!!!
Next thing you know, the enemy will use our court system to keep our troops from attacking them.
"Your Honor, my client believes that the imminent attack by the thuggish US military would cause him grievious harm..."
And there are judges today that would grant the enemy a restraining order against the military!
I'll tell you what, it's high time that our elected reps started growing some nads in order to put these people back in their place. The Congress of the United States has jurisdiction OVER the courts. Why these spineless wimps continue to bow to these judges, absolutely staggers the mind.
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