‘The Mauritanian’ rekindles debate over Gitmo detainees’ torture – with 40 still held there

February 17, 2021
The Conversation

...The idea was that if the detainees were not on U.S. soil, they would have no legal right to seek a judge’s order of habeas corpus. That principle is a centuries-old protection against unlawful imprisonment and a cornerstone of the rule of law. It allows a prisoner to claim he is being unlawfully held captive, and to require the government to prove to a judge that there is reason to continue to hold him.

Nearly everything about the detainees was deemed classified, including their names and the very fact that they were in U.S. custody. In February 2002, though, the Center for Constitutional Rights, a left-leaning legal organization, teamed up with two death-penalty lawyers, Joseph Margulies and Clive Stafford Smith, to file a habeas petition in federal court on behalf of several detainees who were known to be in Guantanamo. ...

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February 17, 2021