June 29, 2006

The Muslim Public Affairs Council today commended the Supreme Court's ruling which stated that military tribunals for suspects held at Guantanamo Bay violated both American military law and the Geneva Conventions, and called on the administration to expedite plans to shut down the facility.

In a 5-3 ruling, the Court ruled that the President did not have the authority to set up military tribunals, which lack fundamental protections afforded to defendents being tried by court martials. Military tribunal rules do not guarantee an independent trial court, do not provide for impartial appellate review, and do not prohibit the use of coerced testimony despite extensive evidence that coercive interrogation techniques have been used at Guantánamo Bay and elsewhere.

SEE: "US Top Court Declares Guantanamo Tribunals Illegal" (Reuters, 6/29/06)

The United States currently holds about 450 detainees at Guantanamo Bay prison, most detained without charges for more than four years. Salim Ahmed Hamdan, who was Osama bin Laden's driver in Afghanistan, is one of only 10 prisoners who have been charged with crimes and face the tribunal. The ruling -- which impacts detainees held at Guantanamo, in Afghanistan and in secret detention centers run by the CIA -- only addressed the military tribunals, not the broader issues of whether "enemy combatants" can be held indefinitely or whether the camp should be closed.

"Today's ruling is an important step in upholding our fundamental values as a nation," said MPAC Executive Director Salam Al-Marayati. "Detainee conditions and treatment at Guantanamo Bay undermine our commitment to human rights, and soil America's image abroad. Now is the time to demonstrate that we are indeed a nation founded upon law and order, even in times of war, by giving them their day in open court and shutting down the detention camp."

Many detainees, some as young as 14 years old, have been held for nearly five years without access to any court, legal counsel or family visits. Many of these detainees allege they have been subjected to torture or other cruel, inhumane and degrading treatment, according to a recent Amnesty International Report entitled "Guantanamo: Lives Torn Apart". Three men committed suicide last month at the facility. Others have gone on prolonged hunger strikes, being kept alive only through painful force-feeding measures.

[CONTACT: Edina Lekovic, 213-383-3443, communications@mpac.org]