Tag: Bagram
A federal judge has ruled the detainees at Bagram AFB in Afghanistan can challenge their confinement in U.S. court. The opinion is here (pdf.)
[Judge]Bates noted that the detainees are similar to those held at the U.S. military prison at Guantanamo Bay, Cuba. Those detainees won the right to challenge their confinements in federal court under a landmark Supreme Court ruling last year.
....Bates ruled that while the sites were "not identical," the "objective degree of [U.S.] control" was not "appreciably different." Obstacles to resolving the detainees' rights "are not as great as respondents claim," Bates said of the U.S. position. "And importantly," he wrote, the obstacles "are largely of the Executive's choosing," because the men "were all apprehended elsewhere and then brought (i.e. rendered) to Bagram for detention now exceeding six years."
The Obama Administration had sided with Bush on the case.
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The Obama Administration has advised a federal judge that it agrees with former President Bush's position that detainees at the U.S. military prison in Bagram, Afghanistan have no right to challenge their confinement in U.S. Courts.
Last year, the US Supreme Court gave suspects held at the US Naval Base at Guantanamo Bay, Cuba, the right to challenge their detention.
Following that ruling, petitions were filed at a Washington district court on behalf of four detainees at Bagram.The judge then gave the new administration an opportunity to refine the rules on appeals. In a two-sentence filing, justice department lawyers said the new administration had decided not to change the government's position.
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