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'No US rights' for Bagram inmates | 'No US rights' for Bagram inmates |
(30 minutes later) | |
Detainees being held at Bagram Air Base in Afghanistan cannot use US courts to challenge their detention, the US says. | Detainees being held at Bagram Air Base in Afghanistan cannot use US courts to challenge their detention, the US says. |
The justice department ruled that some 600 so-called enemy combatants at Bagram have no constitutional rights. | The justice department ruled that some 600 so-called enemy combatants at Bagram have no constitutional rights. |
Most have been arrested in Afghanistan on suspicion of waging a terrorist war against the US. | Most have been arrested in Afghanistan on suspicion of waging a terrorist war against the US. |
The ruling has disappointed human rights lawyers who had hoped the Obama administration would take a different line to that of George W Bush. | The ruling has disappointed human rights lawyers who had hoped the Obama administration would take a different line to that of George W Bush. |
Prof Barbara Olshansky, the lead counsel in a legal challenge on behalf of four Bagram detainees, told the BBC the justice department's decision not to reform the rules was both surprising and "enormously disappointing". | Prof Barbara Olshansky, the lead counsel in a legal challenge on behalf of four Bagram detainees, told the BBC the justice department's decision not to reform the rules was both surprising and "enormously disappointing". |
'Homicides admitted' | 'Homicides admitted' |
Last year, the US Supreme Court gave suspects held at the US Naval Base at Guantanamo Bay, Cuba, the right to challenge their detention. | Last year, the US Supreme Court gave suspects held at the US Naval Base at Guantanamo Bay, Cuba, the right to challenge their detention. |
Following that ruling, petitions were filed at a Washington district court on behalf of four detainees at Bagram. | |
The judge then gave the new administration an opportunity to refine the rules on appeals. | The judge then gave the new administration an opportunity to refine the rules on appeals. |
In a two-sentence filing, justice department lawyers said the new administration had decided not to change the government's position. | In a two-sentence filing, justice department lawyers said the new administration had decided not to change the government's position. |
"Having considered the matter, the government adheres to its previously articulated position," said acting assistant Attorney General Michael Hertz in papers filed at the court. | "Having considered the matter, the government adheres to its previously articulated position," said acting assistant Attorney General Michael Hertz in papers filed at the court. |
The US justice department argues that Bagram differs from Guantanamo Bay because it is in an overseas war zone and prisoners there are being held as part of ongoing military action. | The US justice department argues that Bagram differs from Guantanamo Bay because it is in an overseas war zone and prisoners there are being held as part of ongoing military action. |
Prof Olshansky said the conditions at the Bagram facility, which is near the Afghan capital, Kabul, were worse than those at Guantanamo Bay, adding that there was a lack of due process available to detainees. | Prof Olshansky said the conditions at the Bagram facility, which is near the Afghan capital, Kabul, were worse than those at Guantanamo Bay, adding that there was a lack of due process available to detainees. |
"The situation in Bagram is so far from anything like meeting the laws of war or the human rights treaties that we're bound to," she told the BBC. | "The situation in Bagram is so far from anything like meeting the laws of war or the human rights treaties that we're bound to," she told the BBC. |
"There are no military hearings where the detainees can present evidence," she added. "Torture has led to homicides there that have been admitted by the US." | "There are no military hearings where the detainees can present evidence," she added. "Torture has led to homicides there that have been admitted by the US." |
"It's quite a severe situation, and yet the US is planning a $60m new prison to hold 1,100 more people there." | "It's quite a severe situation, and yet the US is planning a $60m new prison to hold 1,100 more people there." |
The US military considers Bagram detainees unlawful combatants who can be detained for as long as they are deemed a threat to Afghan national security. | The US military considers Bagram detainees unlawful combatants who can be detained for as long as they are deemed a threat to Afghan national security. |