http://news.bbc.co.uk/1/hi/world/americas/4223561.stm


A US federal judge in Washington has ruled that special military
tribunals being used to try hundreds of detainees at Guantanamo Bay in
Cuba are illegal.
Judge Joyce Hens Green said the tribunals denied the detainees their
basic rights under the US constitution.

Her ruling is a blow to the Bush administration, which argues the
inmates have no constitutional rights.

But a BBC correspondent says the decision is unlikely to be the end of
the matter.

'Fundamental rights'

Judge Green said the tribunals in 11 cases she had examined were
unconstitutional, and that the detainees were not accorded due process
of law.

She noted the widespread allegations that detainees were abused during
interrogations and said this cast doubt over any confession made under
such circumstances.

The war on terror "cannot negate the existence of the most basic
fundamental rights for which the people of this country have fought
and died for well over 200 years," she wrote.

The BBC's Adam Brookes in Washington says the ruling effectively
challenges the Bush administration's assertion that it has the right
to detain indefinitely anyone it defines as a terrorist suspect.

But after a series of conflicting legal judgments, he says higher
courts may have to make a final decision.

Only two weeks ago, Judge Richard Leon dismissed a lawsuit filed by
seven detainees. He backed the view that foreign nationals captured
and detained outside the US had no recognisable constitutional rights.

He said it was up to the US Congress, not the courts, to decide the
conditions of imprisonment.

Both lawsuits followed a ruling by the US Supreme Court last June that
inmates did have the right to challenge their detention.

Freed inmates

Many of the 540 or so inmates at the US naval base in Guantanamo Bay,
Cuba, have been held without charge and access to lawyers since the
2001 invasion of Afghanistan.

They are suspected members of al-Qaeda or the Taleban, and the US
government accuses them of being enemy combatants.

Four Britons and an Australian, held at Guantanamo Bay for more than
three years, were allowed to return to their respective countries last
week without having to go before a military tribunal.

The Britons were freed after being interviewed by police officers in
London, but the US government said it continued to believe the men
posed a "significant threat".





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