A US judge ruled today that the Guantanamo military tribunals for terrorism suspects are unconstitutional.
In a setback for the Bush administration, US District Judge Joyce Hens Green also ruled the prisoners at the US military base at Guantanamo Bay in Cuba have constitutional protections under the law.
"The court concludes that the petitioners have stated valid claims under the Fifth Amendment to the United States Constitution and that the procedures implemented by the government to confirm that the petitioners are 'enemy combatants' subject to indefinite detention violate the petitioners' rights to due process of law," Judge Green wrote.
More than 540 suspects are being held at Guantanamo after being detained during the 2001 invasion of Afghanistan and in other operations. They are al-Qaeda suspects and accused Taliban fighters.
Bush administration attorneys argued the prisoners have no constitutional rights and that their lawsuits, challenging the conditions of their confinement and seeking their release, must be dismissed.
The tribunals, formally called a military commission, at the base were authorised by President George W. Bush after the September 11th, 2001, attacks, but have been criticised by human rights groups as being fundamentally unfair to defendants.
Judge Green's 75-page opinion was the unclassified version made available for public release. It stemmed from 11 cases involving Guantanamo prisoners. Her ruling probably will not be the final word on the issue.
A different federal judge in Washington, DC, on January 19th dismissed the cases of seven Guantanamo prisoners on the grounds that they have no recognisable constitutional rights and are subject to the military review process.
The cases could be appealed to the US appeals court, and then ultimately to the US Supreme Court.