Link: PRESS STATEMENT
Link: Boumediene Decision
Press Contact: Mahdis Keshavarz
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Cell: 425.591.8781
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June 12, 2008, New York, NY--In today's decision in Boumediene v. Bush,
No. 06-1195----the United States Supreme Court today stated beyond all
doubt that the rule of law is alive and well in this country and that
the three branches of government--the executive, legislative, and
judicial branches--are once again functioning as they should be in the
world's strongest democracy.
Firmly rejecting the Bush
Administration's argument that the executive branch has free reign to
act as it wishes without regard to the law when it is pursuing its law
enforcement actions against alleged terrorists, Justice Anthony M.
Kennedy, eloquently wrote for the Court that "The laws and Constitution
are designed to survive, and remain in force, in extraordinary times."
The decision brings to a close a long and arduous battle between the
three branches about whether our Constitutionally-created federal
courts retain the power to review the executive's actions with regard
to U.S. citizens and non-citizens who have been caught up in the fray
of the Bush Administration's world-wide Anti-terrorism activities that
was specifically designed to operate with few--if any--limitations on
the actions of our military, the CIA, and other agencies. The
Administration's authorization for the use of methods constituting
torture, for the creation of prisons beyond the reach of the law, and
for the use of a set of satellite CIA prisons operated without regard
to the constitutionality of agents' treatment of detainees, enabled the
Administration to use practices that violated the laws of war and
international human rights guarantees around the world with impunity.
The Administration's decision to seize citizens--including
children--from any country around the world and place them in
indefinite executive detention without charge or trial caused
world-wide consternation and compelled leaders from around the world,
including the Pope, Nelson Mandela, and many others to condemn the
actions of the United States.
"What today's decision
ensures is that the Guantanamo detainees may finally get their day in
Court after more than six years of illegal detention without charge," explained IJNetwork.Executive
Director Tina Monshipour Foster, "The public can finally breathe a sigh
of relief that the rule of law still exists in America." IJNetwork Litigation Director, Professor of International Human Rights Barbara Olshansky of the Stanford Law School noted that "The
Court's decision today restores the vitality of the writ of habeas
corpus--the means by which every prisoner may challenge the legality of
his detention -- to its proper place in history and in this country's
legal foundation stemming from the time when the framers of our
constitution incorporated the writ that they brought with them from
England, and wished congratulations to every American whose voice is
reflected in a decision that will help place this country once again in
a position to re-light the beacon illuminating the path to democracy.
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