Litigation and Delay at Guantánamo Bay
10 N.Y. City L. Rev. 393 ( 2007)
12 Pages Posted: 18 Jun 2016
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: Suggested Citation