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Indybay Feature

Court Rules In Favor Of Transparency In Guantánamo Cases

by via ACLU
Monday, June 1, 2009 : NEW YORK – In an important ruling affecting the public's access to records regarding the cases of Guantánamo detainees, a federal court today denied a government motion to seal unclassified information related to those cases. Judge Thomas F. Hogan of the United States District Court for the District of Columbia, citing a "First Amendment and common law right to access" judicial records, ruled that the government cannot suppress unclassified documents and must seek court approval to seal specific information.
The following can be attributed to Jonathan Hafetz, attorney with the ACLU National Security Project:

"Today's decision is a victory for transparency. For far too long, the government has succeeded in keeping information about Guantánamo secret, and used secrecy to cover-up illegal detention and abuse. The decision marks an important step towards restoring America's open court tradition that is essential to both accountability and the rule of law."

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Monday, June 1, 2009 : NEW YORK – Several of the nation's leading human rights and civil liberties organizations sent a letter to President Obama today urging him to release photos depicting the abuse of detainees by U.S. personnel overseas.

The letter, signed by the American Civil Liberties Union, Reporters Committee for Freedom of the Press, Amnesty International, Human Rights Watch and dozens of other groups, calls on the president to reconsider his decision to block the release of the photos. It states, "The hallmark of an open society is that we do not conceal information that reflects poorly on us – we expose it to the light of day, so that wrongdoers can be held accountable and future abuses prevented."

"The disclosure of these photographs serves as a further reminder that abuse of prisoners in U.S.-administered detention centers was systemic," said Jameel Jaffer, Director of the ACLU National Security Project. "Some of the abuse occurred because senior civilian and military officials created a culture of impunity in which abuse was tolerated, and some of the abuse was expressly authorized. It's imperative that senior officials who condoned or authorized abuse now be held accountable for their actions."

Also today, the ACLU asked a federal appeals court to uphold its earlier ruling that the government must release the photos. On May 28, the government filed a motion asking the court to recall its mandate ordering their release, and today the ACLU filed its opposition to that motion.

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