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Detention challenges are far off for many
In the 13 months since the Supreme Court issued its landmark decision granting detainees at the U.S. military prison at Guantanamo Bay, Cuba, the right to challenge their confinements before federal judges, most prisoners still have not had their day in court.
In addition, prisoners who have successfully contested their detentions are having difficulty getting released. Nineteen of 28 detainees ordered freed remain at Guantanamo Bay, ensnared in a diplomatic and legal limbo that has frustrated federal judges, the government and attorneys for detainees.
In the days after the Supreme Court's June 12, 2008, decision, federal judges said they would push the government to swiftly resolve civil lawsuits brought in the District's federal court by about 200 detainees under habeas corpus, a centuries-old legal doctrine that allows prisoners to challenge their confinements before independent arbiters.
But the cases quickly bogged down in appeals court rulings and lengthy fights over legal theories and evidence. In some cases, after years of court battles, the government abandoned allegations on the eve of hearings. That was the case involving a young Afghan detainee who was ordered released Thursday.