Lawyers with the Center for Constitutional Rights (CCR), the Human Rights Clinic at Columbia Law School, the Center for Justice and International Law and Professor Richard Wilson will return to the Inter-American Commission on Human Rights for a hearing, Wednesday, October 16, seeking the United States’ compliance with the Commission’s request to, "take urgent measures necessary to have the legal status of the detainees at Guantanamo Bay determined by a competent tribunal." This action is totally supported by the International Federation for Human Rights (FIDH), to which the CCR is affiliated.
CCR will argue that the United States’ refusal to comply with the Commission’s request is yet another example of the Bush administration’s blatant disregard for international law and governing international bodies. CCR will also ask for extended precautionary measures, including names of the detainees, access to lawyers and an on-site visit by the Inter-American Commission to the detention facility in Guantanamo Bay, Cuba.
"It is remarkable that the US can jail people for almost a year without charges, access to lawyers or family and without adhering to the Geneva conventions or other international human rights treaties," said CCR President, Michael Ratner. "The US argues that no court in the world has the authority to review these detentions, which is a dangerous position that smacks of a police state."
The U.S Government will argue that the Commission has no jurisdiction to consider the situation in Guantanamo, leaving the detainees without legal recourse in either US or International courts.
In February, 2002, CCR and the other groups filed a request with the Commission asking that it adopt "precautionary measures" in relation to persons detained at Guantanamo. The petitioners requested that the Commission order the US to take steps to determine the status of the detainees, to ensure that their rights to be free from prolonged arbitrary detention, unlawful interrogations, and trials by military commission in which they could be sentenced to death were protected.
In March, the Commission adopted precautionary measures requesting the US to hold "competent tribunals" to determine the status of detainees held on Guantanamo Bay. The Commission was concerned that the detainees were subject to the unfettered discretion of the United States and without legal rights.
The United States rejected the Commission request stating that the Commission, "plainly does not have the competence to interpret or apply the laws and customs of war to this case."
In September, the Commission rejected this position and repeated its request that the US determine the status of each detainee with a competent tribunal.