Pentagon Will Permit Captives at Cuba Base to Appeal Status

[nodehopper]

By CHRISTOPHER MARQUIS

Published: July 8, 2004

ASHINGTON, July 7 - The Defense Department announced a series of steps on Wednesday that would let detainees at Guantánamo Bay, Cuba, challenge their status as enemy combatants from the war in Afghanistan and the campaign against terrorism.

The new procedure was hastily devised to head off a possible flood of litigation after a Supreme Court ruling last week requiring that the prisoners be allowed to challenge their legal status before a neutral party, like a federal court. But it was not immediately clear whether the new procedures, which will keep the process in military courts, would satisfy the court's desires in the Rasul decision, and officials who described the new approach conceded that some of the details were likely to end up in litigation.
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Under the new review process, the nearly 600 Guantánamo detainees would be provided with personal representatives, but not lawyers, to help them consider their legal options. Detainees would be permitted to challenge their legal standing before a newly created Combatant Status Review Tribunal, a panel of three military officers.

The Pentagon said the officers would be neutral, because they had no stake in the fate of any particular detainee - but officials did not address the possibility that institutional loyalty might influence the tribunal. Legal advocates said the measure would do nothing to bring the continued detention of foreign nationals at Guantánamo Bay into compliance with the Constitution or international law. "The Supreme Court upheld the rule of law over unchecked executive authority,'' said Rachel Meeropol, a lawyer with the Center for Constitutional Rights. "The review procedures for the detainees set up by the Department of Defense are inadequate and illegal, and they fail to satisfy the court's ruling."

more here:
http://www.nytimes.com/2004/07/08/politics/08deta.html?hp

[papau]

1. Foriegn captives are told they have a right to appeal - but get no lawyer

almost a slap in the face of the USSC .

Or if you like - the Bush folks giving the Court the finger.

[nodehopper]

3. yes, that's...I don't even know...ironic?

[Jerseygirltoo]

2. non-lawyer advisors

These so called 'personal representatives' are supposed to assist the prisoners in presenting their cases in front of the
tribunal. I believe that's called practicing law without a license.
The ABA should be jumping all over this.

[pinto]

4. doesn't meet "habeas corpus" standard, imo. this is an end run 'round SC.