Senate votes to limit Guantanamo detainees' court access
By wire services
Published November 16, 2005
WASHINGTON - The Senate voted overwhelmingly Tuesday to limit the rights of detainees in the Guantanamo Bay prison camp to sue in federal court, putting more pressure on the White House to accept a ban on the abusive treatment of prisoners.
In passing the final version of a defense policy bill, the Senate coupled the limits for the 500-plus Guantanamo prisoners with a measure prohibiting "cruel, inhuman and degrading" treatment of all prisoners in U.S. custody.
The administration has opposed the ban, sponsored by Sen. John McCain, R-Ariz., and has threatened to veto it. Vice President Dick Cheney has sought an exemption from the ban for the CIA so its agents can use harsh interrogation tactics on suspected terrorists.
"This is a war of values, and we can win without sacrificing our values," said Sen. Lindsey Graham, R-S.C. Graham said his measure, approved 84-14, would end legal confusion at Guantanamo and establish new interrogation rules.
A White House spokesman, Blair Jones, said the administration would work with the House of Representatives and the Senate on the bill, but declined to comment on either the Graham or McCain proposal.
The measure the Senate approved Tuesday was less restrictive of detainees' rights than Graham's original version, though it still takes away rights the Supreme Court ruled in June 2004 that the prisoners possessed.
Graham wanted to block all access to federal courts for Guantanamo prisoners, many of whom have been held almost four years without charges. The final version said appeals could be filed with the U.S. Court of Appeals in Washington to challenge the "standards and procedure" used to declare a detainee an enemy combatant.
The Senate bill also would allow any Guantanamo prisoner who's convicted in a military trial to appeal to the Court of Appeals in Washington. So far, only nine prisoners at Guantanamo have been charged with war crimes.
