Justices Rule Terror Suspects Can Appeal in Civilian Courts

On Thursday, the Supreme Court voted 5-4 to allow detainees held at the Guantanamo Bay naval base in Cuba the right to challenge their detentions in American civilian courts. The ruling rebuffs Bush Administration attempts to denies rights such as habeas corpus to those held on foreign soil, and overturns key aspects of the 2006 Military Commission Act, which stripped the federal courts of jurisdiction to hear habeas corpus petitions filed by detainees challenging the bases for their confinement. The Supreme Court also held that the military tribunals currently hearing the detainees' cases are not an adequate substitute to a hearing in federal court, given that the tribunals cut back on the ability to present evidence of innocence and the right to counsel. The tribunals were also willing to consider hearsay evidence and evidence obtained coercisely, including through torture.This AP timeline demonstrates the history of the various legal challenges making their way through American courts.

The ruling is a key step in restoring the rule of law, but as NRCAT President Linda Gustinus indicated in a press release, it is just the first step: "While a significant victory, restoring habeas corpus rights does not, in and of itself, ensure moral treatment of detainees. We still need to mandate one national standard for the interrogation of detainees that prohibits torture, close secret CIA prisons, and end rendition for torture." The Center for Constitutional Rights has written an analysis of the decisions and its implications.

June is Torture Awareness Month and in honor of this critical Supreme Court decision, we encourage you to sign the Jewish Statement Against Torture/Rabbinic Letter Against Torture, or to participate in other anti-torture activities.