IJNetwork Responds to Boumediene Supreme Court Decision

Link: PRESS STATEMENT  

Link: Boumediene Decision  

Press Contact: Mahdis Keshavarz
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Cell: 425.591.8781  

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.