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Judge Rules Detainees Have No Legal Right in U.S. Courts

Washington -- The U.S. government can continue to detain indefinitely the suspected terrorists being held at the U.S. Naval Base at Guantanamo Bay, Cuba, following a federal judge's ruling July 31.

In a case brought by two British citizens, two Australians and 12 Kuwaitis who were captured in Afghanistan while fighting with Taliban and al-Qaida forces, U.S. District Judge Colleen Kollar-Kotelly issued a 34-page ruling that the U.S. legal system has no jurisdiction over detainees held in Cuba.

Ruling for the first time on U.S. federal jurisdiction over detainees held at Guantanamo Bay, Cuba since September 11, Judge Kollar-Kotelly concluded that the base is outside the sovereign territory of the United States. Based on a 1950 decision that held that writs of habeas corpus are not available to aliens held outside the sovereign territory of the United States, the court found that it "did not have jurisdiction to consider the constitutional claims of the petitioners," who argued that they are entitled to be charged and to have access to attorneys and trial dates.

The court asserted that its opinion "should not be read as stating that these aliens don't have some form of rights under international law," but that their nationalities and geographic location outside the sovereign territory of the United States mean they do not have the right to press their cases in U.S. courts.

The plaintiffs had argued unsuccessfully that U.S.-leased military bases abroad, "which continue under the sovereignty of foreign nations, hostile or friendly, are functionally equivalent to being land borders or ports of entry of the United States or otherwise within the United States."

Since the detainees have not been charged with any legal offenses, they are not being deprived of due process, the judge added.

There are currently close to 600 suspected terrorists from around 36 countries detained at Guantanamo Bay. Many detainees were captured in Afghanistan or Pakistan by U.S. forces who were pursuing Taliban or al-Qaida members. Others were turned over to the United States by nations or forces on the suspicion of links to terrorist activities.