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Guantanamo Judgment: The Basis of Our Democracy Confirmed

Publication Date: June 12, 2008
Source: Spiegel Online

The German edition of Spiegel Online carried an interview with Barbara Olshansky, who directs the International Human Rights Clinic and has worked on the gamut of Guantanamo detention cases--from Rasul v. Bush (2004) to Boumediene v. Bush (2008):

SPIEGEL ONLINE: Is this the end of Guantanamo Bay?

Olshansky: It has to be. It will be interesting to see what the Bush administration is going to do next. This is certainly a fantastic judgment.

SPIEGEL ONLINE: The Supreme Court hardly leaves the government any choice but to close Guantanamo?

Olshansky: The U.S. is caught in an enormous dilemma. The judiciary has taken the Executive to task. The government kept trying to deny “habeas corpus”--the right to judicial investigation of incarceration--from the inmates. The Supreme Court has now ruled: You cannot do that. It has affirmed the rule of law as a fundamental basis of our democracy. It has said that we can no longer hold prisoners all over the world without indictment for an unlimited period of time.

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