Maine Senators Fall Short of Protecting Civil Liberties The Maine Civil Liberties Union Urges Senate to Reinstate Habeas Corpus

FOR IMMEDIATE RELEASE
Wednesday, November 16,

Portland- The Maine Civil Liberties Union expressed deep disappointment in votes taken by both Senators Collins and Snowe to restrict the rights of prisoners held in Guantanamo to appeal their detentions in the courts.

“Given the reports of torture at Guantanamo and other US detention centers around the world, it’s time for Congress to step in and restore the rule of law,” said Shenna Bellows, Executive Director of the Maine Civil Liberties Union, ““The only way for Congress to clean up the mess that the Administration has made of Guantanamo Bay is to ensure that prisoners there have full access to fair hearings by the courts.”

Last week both Senators Collins and Snowe voted in favor of the Graham amendment, a measure to strip all courts – including the United States Supreme Court – of jurisdiction to consider habeas corpus petitions or any other action challenging any aspect of the detention of foreign detainees held at Guantanamo Bay – other than the limited question of whether a status review board had followed its own rules. In response to constituent pressure, the Collins and Snowe backed down slightly from that position, voting in favor of a second amendment that authorizes appeal to the courts by any person found by a combat status review tribunal to be an "enemy combatant" or by any person convicted by a military commission at Guantanamo Bay for at least ten years.

However, the MCLU noted that the amendment still has significant problems. It does not allow any habeas claim for protection against government-funded torture or abuse. It also does not provide any mandatory court appeal of a military commission conviction of a Guantanamo detainee for fewer than ten years, and prohibits all habeas claims if the government decides it is going to hold a person without ever determining their status.

Senators had a chance to protect habeas corpus rights yesterday with an additional amendment, introduced by Senator Jeff Bingaman (D-NM), which would have restored jurisdiction over Guantanamo detainees to the courts. The Bingaman amendment was rejected by a vote of 44-54 in the Senate, with both Senators Snowe and Collins voting against it.

“The Writ of Habeas Corpus is an eight hundred year old building block of civil rights that makes it clear that it is not okay for government officials to detain anybody they want for any length of time without any good reason. We are disappointed that the Senators from Maine did not vote in favor of the Bingaman Amendment to maintain that very important ideal,” said Bellows.

The initial Graham amendment came just days after the Senate passed, for the second time, the McCain anti-torture amendment, and in the same week that the Supreme Court announced that it will consider the constitutionality of President Bush’s military commissions for detainees at Guantanamo Bay.

The Supreme Court rejected the federal government’s position that Guantanamo Bay is outside the reach of American courts. Thus, the rule of law applies to Guantanamo Bay and the courts have the authority to review government actions to determine whether they are unconstitutional or otherwise illegal. Unfortunately, recent Congressional actions mean that the rights of detainees to appeal their detention or to seek redress for torture or other inhumane treatment are severely curbed.

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Contact: Shenna Bellows, MCLU, 207-774-5444; sbellows@mclu.org