Influential US senators vowed on Thursday to restore to foreign terrorism suspects the right to challenge their imprisonment, saying Congress made an historic blunder by stripping them of that right last year. Hundreds of suspected Al Qaeda and Taliban members held at a US military prison in Guantanamo Bay, Cuba, could be affected. Last year’s Congress, with a Republican majority, passed a law setting specific rules for US military tribunals. It included a ban on non-citizens labelled “enemy combatants” from using “habeas corpus” petitions to challenge the legality of their detention in court, asserting that military panels at Guantanamo were a substitute for court review.
Senate Judiciary Committee Chairman Patrick Leahy warned that the rights of some 12 million legal aliens in the United States -as well as any foreigners visiting the country -had also been infringed by the new law.
“This new law means that any of these people can be detained forever without any ability to challenge their detention in federal court, or anywhere else, simply on the government’s say-so that they are awaiting determination as to whether they are enemy combatants,” the Vermont Democrat said.
“This is wrong. It is unconstitutional. It is un-American,” Leahy said in testimony to the Senate Armed Services Committee, which would share jurisdiction on changing the law.