USA: Restoring the rule of law, The right of Guantánamo detainees to judicial review of the lawfulness of their detention

USA: Restoring the rule of law, The right of Guantánamo detainees to judicial review of the lawfulness of their detention

Index Number: AMR 51/093/2004
Date Published: 15 June 2004
Categories: Americas, USA

Part I of this memorandum describes the situation of the Guantánamo detainees, including the legal proceedings filed in US courts on their behalf. Part II illustrates the right under international human rights law of all persons in detention to judicial review of the lawfulness of one's detention and to release if that detention is unlawful, a key component of the right not to be arbitrarily detained.