US contests detainee lawyer rights: Say Detainees Have No Right to an Attorney
Wednesday, August 11, 2004 at 03:38PM
TheSpook
THE US government today contested the right of detainees held at
a naval base in Guantanamo Bay, Cuba to be represented by a lawyer
before tribunals to determine whether they were really "enemy
combatants" when they were captured. The US Supreme Court ruled in June
that the Defence Department had failed to give the inmates, most of
whom were detained during the Afghanistan war in 2001, their full
rights. In response, special tribunals began July 29 to determine
whether the detainees really were "enemy combatants" when they were
captured. However, in a 26-page document released today, US federal
prosecutors stated their opposition to a request by lawyers
representing several dozen Guantanamo detainees for the right to talk
to their clients. The June Supreme Court ruling does not explicitly
state whether the detainees could be represented by a lawyer. The
ruling "says nothing at all" to suggest that the inmates have "a right
to counsel, much less a right to the type of unrestricted access to
counsel they seek, in order to pursue their case", according to the
brief released by the government. No "principle of law or reason
entitles alien enemy combatants detained on a military base outside the
sovereign territory of the United States to define the terms of their
access to counsel", the brief read. [more]
Article originally appeared on (http://brownwatch.com/).
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