US Supreme Court justices investigated today whether terrorism suspects held at Guantanamo Bay have constitutional rights to challenge their detention in a case that has put a renewed focus on the US human rights record.
Lawyers for the Guantanamo inmates contended in oral arguments before the highest US court that Congress wrongly stripped them in 2006 of their habeas corpus rights to seek a court review of their detention.
Justices' questions focused on issues including whether Congress had created adequate alternative procedures to decide the prisoners' cases, and whether the Constitution protected the rights of foreigners held outside the United States.
Centuries of US and English legal tradition were examined in the arguments. The case is being watched by governments and activists around the world, who say President George W. Bush has overreached his powers and trampled on human rights in the war on terrorism he launched after the September 11 attacks.
"If our law doesn't apply, this is a law-free zone," detainee attorney Seth Waxman told the court, referring to the prison at the US Naval base on Cuba.
Noting that many prisoners have been held at Guantanamo for six years while courts and the military wrangled over new procedures to hold and try them, Waxman said, "The time for experimentation is over."
Justice Department Solicitor General Paul Clement, arguing the Bush's administration's case, said the prisoners have more rights now than under original habeas corpus law in 1789. "This is a remarkable liberalization," he said.
The Bush administration contends the detentions are lawful, humane and necessary in a new-style war on terrorism.
The arguments ran about 15 minutes beyond the expected one hour. A decision is expected by summer.
The high court has ruled against the administration in two previous Guantanamo cases and one other terrorism case, but Congress adopted new measures including the 2006 law aimed at keeping such cases out of court.
This is the first time the court is considering whether the Guantanamo prisoners have habeas corpus rights under the Constitution itself to seek a judicial review of their detention.
The Guantanamo prison opened in January 2002 after the US-led invasion of Afghanistan. The administration contends the naval base, on land leased from Cuba, is outside US territory so constitutional protections do not apply.
Most of the 305 prisoners have been confined for years without charges and many have complained of abuse. About 470 prisoners have been released, and the United States said it intends to try 60 to 80 of those still in detention.