About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 (June 22, 2005)

handle is hein.crs/crsmthabdkd0001 and id is 1 raw text is: Order Code RS22173 June 22, 2005 CRS Report for Congress Received through the CRS Web Detainees at Guantanamo Bay Jennifer K. Elsea Legislative Attorney American Law Division Summary After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called Combatant Status Review Tribunals (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions. The relevant Supreme Court rulings are discussed in CRS Report RS21884, The Supreme Court and Detainees in the War on Terrorism: Summary and Analysis. This report will be updated as events warrant. In Rasul v. Bush,124 S.Ct. 2686 (2004), a divided Supreme Court declared that a state of war is not a blank check for the presidentand ruled that persons deemed enemy combatants have the right to challenge their detention before a judge or other neutral decision-maker. The decision reversed the holding of the Court of Appeals for the D.C. Circuit, which had agreed with the Bush Administration that no U.S. court has jurisdiction to hear petitions for habeas corpus by or on behalf of the detainees because they are aliens and are detained outside the sovereign territory of the United States. Lawyers have filed more than a dozen petitions on behalf of some 60 detainees in the District Court for the District of Columbia, where judges have reached opposing conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. Fifteen of the detainees have been determined by the President to be subject to his military order (MO) of November 13, 2001,1 making them eligible for trial by military commission.2 However, military commissions have been temporarily halted pending the results of legal actions in the D.C. Circuit. 1 Order on Detention, Treatment, and Trial of Certain Non-Citizens in the War against Terrorism, November 13, 2001, 66 Fed.Reg. 57,833 (2000)(hereinafter MO or military order). 2 For an analysis of the military commission rules, see CRS Report RL31600, The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice. Congressional Research Service +o The Library of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most