Federal court rules foreign nationals held in Guantanamo Bay have no right to access U.S. courts

Posted: Thursday, August 01, 2002

WASHINGTON (AP) -- A federal judge ruled Wednesday that suspected Taliban and al-Qaida fighters held in Cuba do not have a right to U.S. court hearings, allowing the military to hold them indefinitely without filing charges.

The 600 men held at the U.S. Naval Base in Guantanamo Bay, Cuba, are not in the United States and thus do not fall under the jurisdiction of federal courts, U.S. District Judge Colleen Kollar-Kotelly said.

The ruling involved two Britons and an Australian as well as 12 Kuwaitis who brought a separate complaint. A lawyer for the Kuwaitis said they would appeal.

"In our appeal, which we hope will be expedited, we will ask the higher courts to restore the principle that the judiciary has the final word on constitutional rights," attorney Tom Wilner said.

The Britons -- Shafiq Rasul and Asif Iqbal -- and Australian David Hicks were captured while fighting with Taliban and al-Qaida forces, U.S. officials say.

The men's families hired lawyers in the United States who sued the Bush administration, demanding that the men be allowed to argue their cases before a federal judge.



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