Win a £1500 Raymond Weil watch
THE Bush Administration’s battle to treat suspected terrorists the way it wants may go on as long as the “War on Terror”.
Yesterday it suffered a setback when a US federal judge ordered it to release the names of hundreds of detainees at Guantanamo Bay.
As Charles Bremner reports, a Council of Europe investigator also said yesterday that the US flew detainees to other countries where they would be tortured, and that European governments probably knew about it.
But in a separate move, the US Army changed its rules on the death penalty. They could, in theory, let detainees convicted by military commissions be executed at Guantanamo Bay.
These shifts are part of a many-sided struggle between the Administration, Congress, the judiciary and the press to establish the limits of presidential power in the “War on Terror”.
That battle has been going on since September 11, 2001, when President Bush declared the attacks to be a war, and a new kind of war at that.
His lawyers have claimed steadily that when Congress authorised the use of military force against the perpetrators, it gave him the authority to wage war as he saw fit.
But national attention has been stirred up to new heights this year, for four reasons.
The AP filed its Freedom of Information lawsuit last year. The Government turned over the details of 558 military tribunals in which detainees challenged their incarceration, but held back the names.
Of the 760 or so prisoners the US has taken to Guantanamo since 2002, it has released 180. It has also transferred 76 to the custody of other countries including Britain, Australia, Saudi Arabia, Pakistan and Russia. Only nine have been charged with a crime.
Last year the judge ordered the Government to ask detainees whether they wanted personal information to be turned over to the AP. Of 317 detainees, 63 said yes, 17 said no, 35 returned the form without answering and 202 refused to return the form.
The judge said that none of the detainees — even the 17 who did not want their names revealed — had a reasonable expectation of privacy. The Government can still appeal, and many expect that it will do so.
In the battle between the presidency and the other institutions that are checks on its power, most of the rounds have gone to the presidency. But growing public unease means that even if it continues to win, it may pay a political price.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
1998
£47,955
2004
£56,950
Essex
Check your free Experian credit report before applying
Car Insurance
£100,000
Barnardos
UK
£123,460 pa
The Law Commission
London
Hampshire County Council
Competitive + bonus + benefits
Manchester United
Central London
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Includes flights, accommodation with room upgrades, transfers city tours in Hong Kong and Bangkok.
PremierHolidays.co.uk
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
Choose from the beautiful landscape and tranquil beaches of Oahu, Kauai, Maui & Big Island.
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.