In what is seen as a major blow to George W. Bush’s ‘war on terror’ policy, the US supreme court has ruled that foreign detainees at the controversial Guantanamo Bay prison have the right to challenge their imprisonment at US civilian courts in accordance to the American constitution. This is another setback that the George Bush-led Republican government has suffered legally over its handling of the Guantanamo Bay controversy.
The voting was tight with the court’s liberal justices getting ahead of the conservatives in determining the eventual ruling. With this legal ruling, a new debate has opened up with a section of the American political and civilian fraternity criticising the court’s ruling by suggesting that this could open up a new front in the war against Islamic fundamentalism. Democratic rights to foreign terrorists could prove suicidal in the long-run according to some analysts. Yet, it is also a fact that Washington has no right to detain individuals without any charge and the administration must provide valid evidence to back the Guantanamo cases. It is not clear whether the ruling would have any immediate effect on the fate of the detainees but President Bush has made it clear that his government would abide by the court’s ruling but also added that following court ruling does not mean that he has to agree with it. This is a clear sign of a growing rift between the White House and the country’s highest court over the issue.
Many feel that the ruling has come at a critical moment in America’s current political scenario. With American presidential elections just months away, the Republicans in general would have to justify the Guantanamo Bay detainee policy. In America, both national security and democratic freedom matter a lot to the common public and creating a correct balance between the two is the ultimate aim of the judial and the political systems. The American Congress is heavily criticised by the Supreme court for the handling of the issue. The laws and constitution must go hand in hand and no individual, whether it is the President or others, has the right to detain a person without any valid reason.
Via: CBC
