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January 31, 2005
Other Branches of Government

A federal judge today reminded the Bush administration that we do have, in fact, three branches of government, and there are some pretty darn good reasons for that.

WASHINGTON (Reuters) - Guantanamo Bay terrorism suspects have the constitutional right to pursue lawsuits challenging their imprisonment, a federal judge ruled on Monday in a defeat for the Bush administration that struck down how the U.S. military reviewed their cases.

The prisoners at the U.S. military base at Guantanamo Bay in Cuba have the constitutional right not to be deprived of liberty without due process of law, U.S. District Judge Joyce Hens Green said.

She ruled that the special military tribunals to determine the status of each Guantanamo detainee as an "enemy combatant" violated the constitutional protection of a fair hearing. Such a designation allows the government to hold the suspects indefinitely.

Green said the procedures failed to give the detainees access to material evidence and failed to let lawyers help them when the government refused to disclose classified information.

In addition to those constitutional defects applying to all the cases, Green also cited problems with the tribunals relying on statements possibly obtained by torture or coercion, and by using a vague and overly broad definition of enemy combatant.

Reuters

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