06.28.04

Supreme Court Ruling on Guantanamo Bay Detainees Upholds Democracy, Cantwell Says

WASHINGTON, D.C. – U.S. Senator Maria Cantwell (D-WA) called today's U.S. Supreme Court ruling a victory for democracy and the rule of law because the courts ruled that detainees have a right to due process; they have a right to counsel and to be heard before a court.

Sen. Cantwell stated, “The United States is a beacon of democracy because it governs by rule of law. Today the Supreme Court reinforced that strength.”

On December 13, 2003, Sen. Cantwell wrote to Secretary of Defense Donald Rumsfeld, along with her colleagues Sen. John McCain (R-AZ) and Sen. Lindsey Graham (R-SC), asking for assurances that detainees would not be denied a right to due process.

The senators wrote, “A serious process must be established in the very near term either to formally treat and process the detainees as war criminals or to return them to their countries for appropriate judicial action.”

The three senators sent the letter after they visited Guantanamo Bay on December 10, 2003.

Cantwell added, “Today's decision demonstrates the Administration failed to recognize that the right to due process applies even during times of war.”

Specifically, the Supreme Court ruled, “that a citizen-detainee seeking to challenge his classification as an enemy combatant must receive notice of the factual basis for his classification, and a fair opportunity to rebut the Government's factual assertions before a neutral decision maker.”