Court Agrees with Obama Administration that Detainees Still Have No Constitutional Right Not to Be Tortured
April 24, 2009 Washington, D.C. – In a suit brought by British men imprisoned for two years (without charge, without trial - Q.) at Guantanamo, the D.C. Circuit Court of Appeals today reaffirmed its previous ruling that Guantanamo detainees lack the fundamental constitutional right not to be tortured and are not “persons” under a U.S. statute protecting religious freedom.
Last year, Judge Janice Rogers Brown, a member of the Court of Appeals panel who issued the decision today, referred to the Court’s holding that detainees are not “persons” as “a most regrettable holding in a case where plaintiffs have alleged high-level U.S. government officials treated them as less than human.” This statement is noticeably absent from Judge Brown’s substantively identical concurring opinion issued today.