US Supreme Court Rules Guantánamo Detainees are Entitled to Habeas Corpus

In a landmark victory for justice, the United States Supreme Court ruled on June 12 in Boumediene v. Bush that Guantánamo detainees have a constitutional right to habeas corpus, meaning that they have a right to challenge the legal basis for their imprisonment in federal court. Human Rights Watch, along with several other human rights organizations, filed an amicus or "friend of the court" brief with the Supreme Court, arguing that the "Great Writ" (habeas corpus) was the only way to ensure that detainees have a fair opportunity to challenge the authority of the Executive to imprison them. The Supreme Court's 5-4 decision, written by Justice Anthony Kennedy, struck down provisions of the 2006 Military Commissions Act that stripped the federal courts of jurisdiction to hear habeas corpus petitions by foreign citizens detained by the US military at Guantánamo Bay. Approximately 270 detainees are being held in Guantánamo, most of whom have endured more than six years of imprisonment without charge or trial. For these detainees, the Supreme Court's decision may result in their first opportunity to hear the US government's evidence against them and to legally contest their indefinite detention.