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Right to hold Guantanamo detainees challenged in appeals court
From Rich Dubroff
WASHINGTON (CNN) -- Lawyers for 15 men accused of being Taliban or al Qaeda terrorists argued Monday before a U.S. Appeal Court that they should have the right to meet with their clients, who are being held on the U.S. naval base at Guantanamo Bay, Cuba. Twelve Kuwaitis, two Britons and an Australian citizen who were arrested in Afghanistan and Pakistan and have been detained in Guantanamo for many months in what the attorneys argued is a violation of the Geneva Convention. "The government can not hold people entirely without their rights," said Joe Marguilies, who is representing British citizens Shafiq Rasul and Asif Iqbal. The lawyers, who were retained by the detainees' families, said the detainees are not being allowed to see either their families or their lawyers. Deputy Solicitor General Paul Clement said that because of last year's terrorist attacks, it is necessary to detain the men at Guantanamo "for their own protection and to prevent them from re-enlisting." It also facilitate intelligence gathering, he said. Federal District judges A. Raymond Randolph, Stephen Williams and Merrick Garland questioned both Marguilies and Tom Wilner, who is representing the 12 Kuwaitis. "The military made a judgment to detain them in Guantanamo. Why are they not enemies?," Randolph asked Marguilies. Clement said that it is accepted practice for detainees to be held thousands of miles away from the battlefield in a time of war. "As an enemy combatant, the U.S. can detain you without the right to meet with family and without access to counsel." Marguilies said that President Bush has not officially designated the 15 as members of al Qaeda or the Taliban. "These are citizens of a friendly nation. You can't presume enemy status," he said. A decision is expected in several months.
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