Litigation and Delay at Guantánamo Bay

10 N.Y. City L. Rev. 393 ( 2007)

12 Pages Posted: 18 Jun 2016

See all articles by Marc D. Falkoff

Marc D. Falkoff

Northern Illinois University - College of Law

Date Written: March 23, 2007

Abstract

This article explores litigation delays occurring at the Guantánamo Bay Naval Base. The author uses his clients to illustrate some of the issues that have arisen with overseas detention cases. Through his clients’ experience of detainment for over five years without being charged with a crime, he discusses the many roadblocks the United States government employs to delay litigation. The author also describes both the toll these delays take on not only the detainees’ physical and mental health, but also the rule of law in the United States. To date, the judiciary has not ruled on his clients' habeas petitions, flouting the tenet of a right to a “speedy and effective” remedy.

Keywords: Guantánamo Bay, detainees, detention, habeas corpus, litigation delays, Combatant Status Review Tribunals, CSRT, enemy combatant

JEL Classification: K14, K41

Suggested Citation

Falkoff, Marc D., Litigation and Delay at Guantánamo Bay (March 23, 2007). 10 N.Y. City L. Rev. 393 ( 2007), Available at SSRN: https://ssrn.com/abstract=2795282

Marc D. Falkoff (Contact Author)

Northern Illinois University - College of Law ( email )

Swen Parson Hall
DeKalb, IL 60115
United States

HOME PAGE: http://www.niu.edu/law/about/directory/marc_falkoff.shtml

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
21
Abstract Views
824
PlumX Metrics