Celikgogus v. Rumsfeld

Several captives released from extrajudicial detention in the Guantanamo Bay detention camps, in Cuba have filed a lawsuit against the USA for their detention -- Celikgogus v. Rumsfeld.cite news
url=http://ccrjustice.org/ourcases/current-cases/celikgogus-v.-rumsfeld
title=Celikgogus v. Rumsfeld
publisher=Center for Constitutional Rights
date=
accessdate=2008-05-25
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fccrjustice.org%2Fourcases%2Fcurrent-cases%2Fcelikgogus-v.-rumsfeld&date=2008-07-31 mirror] ]

History of the extrajudicial detention of alleged combatants in Guantanamo

The United States has held 778 captives in extrajudicial detention in a camp in its offshore Naval Base Guantanamo. It was the position of the Bush Presidency that the President could authorize the detention of captives apprehended in Afghanistan while withholding from them the protections of the Geneva Conventions. Further, the Presidency asserted, that since the base in Guantanamo was not officially part of the USA, captives held there were not protected by US domestic law either. Finally, the Presidency asserted that the President had the authority to set up military commissions

The Guantanamo camp was opened on January 11 2008, and 780 captives have been held there. As of May 2008 approximately 260 captive remain.

In June 2004 the Supreme Court of the United States ruled, in Rasul v. Bush, that Guantanamo captives were entitled to access the US justice system. Specifically, they were entitled to submit habeas corpus petitions. And they were entitled to an opportunity to hear and challenge the allegations that had lead to their detention.

In 2006 the Supreme Court ruled, in Hamdam v. Rumsfeld, that the President lacked the constitutional authority to set up military commissions. The ruling clarified that only the Congress had the authority to set up military commissions.

Plaintiffs

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Preliminary statements

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References