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Obama Administration Seeks To Deny Bagram Prisoners Access To U.S. Courts

by via ACLU
Tuesday, September 15, 2009 : WASHINGTON – The Obama administration has filed a brief with a federal appeals court in Washington arguing that the approximately 600 detainees in U.S. custody at Bagram Air Base in Afghanistan are not entitled to have their cases heard in U.S. courts. Some of the detainees at Bagram have been held for up to six years with no meaningful opportunity to challenge their detention, and there are some prisoners there who are unconnected to the war in Afghanistan but who have been sent there from locations around the world.
In June 2008, in the landmark case of Boumediene v. Bush, the U.S. Supreme Court found that detainees at Guantánamo were entitled to habeas corpus rights. In contravention of the principles established in that ruling, the Obama administration is now arguing that these rights do not apply at Bagram.

"Guantánamo was the Bush administration's effort to do an end run around the Constitution, and the Obama administration is now essentially using Bagram as a way to do an end run around Guantánamo and the constitutional right of habeas corpus found to apply there," said Jonathan Hafetz, a staff attorney with the American Civil Liberties Union National Security Project. "Simply shipping detainees from around the world to an alternative destination is not a solution and flouts the principles laid down by the Supreme Court." 

Detainees at the Bagram prison include non-Afghans who were initially arrested and detained outside of Afghanistan but who continue to be denied full legal rights because the U.S

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