Legal Commentary

DOJ Task Force Recommends Indefinite Detention for 50 Guantanamo Detainees

By Jeralyn

Update: The ACLU today launched a new website, Indefinite Detention." No Charges, no Trial, No Justice."

A Department of Justice -led task force is recommending 50 Guantanamo detainees, mostly Afghan and Yemeni, be held indefinitely without charges under the laws of war.

The task force's findings represent the first time that the administration has clarified how many detainees it considers too dangerous to release but unprosecutable because officials fear trials could compromise intelligence-gathering and because detainees could challenge evidence obtained through coercion.

[More...]

ACLU Director Anthony Romero responds:

"There is no statutory regime in America that allows us to hold people without charge or trial indefinitely."

The task force divided the detainees into three categories:

The task force has recommended that Guantanamo Bay detainees be divided into three main groups: about 35 who should be prosecuted in federal or military courts; at least 110 who can be released, either immediately or eventually; and the nearly 50 who must be detained without trial.

There's a big difference between federal courts and military commissions. How many total military commissions trials?

As to the task force's composition:

The task force comprised officials from the departments of Defense, State, Homeland Security and Justice, as well as agencies such as the CIA and the FBI.

Two detainees were sent home to Algeria this week, leaving 196. Spain has agreed to accept two more detainees. Slovakia has agreed to take three.

Full post as published by TalkLeft on January 22, 2010 (boomark / email).