Posted on Thu, Oct. 09, 2003


Dozens of former U.S. military leaders, federal judges and diplomats...


fdavies@herald.com

Dozens of former U.S. military leaders, federal judges and diplomats Thursday challenged the indefinite detentions at Guantánamo as a legal mistake that has undermined the rule of law, U.S. standing in the world and will endanger Americans in future conflicts.

Seven groups have filed friend-of-the-court briefs urging the Supreme Court to examine the Guantánamo detentions. So far, U.S. courts have held that because the naval base in Cuba is foreign territory, U.S. law does not apply and detainees have no standing in federal courts.

Those urging a review include two retired admirals and a Marine Corps general, six former federal judges, 19 retired diplomats, the Commonwealth Bar Association representing Britain and 53 other countries, and three former POWs who survived captivity in World War II.

Former Adm. Donald Guter, who retired last year as the Navy judge advocate general, was in the Pentagon on Sept. 11, 2001, and was a participant in the decisions that led to the Guantánamo detentions and military tribunals:

''I have absolutely no sympathy for terrorists,'' he said, ``but now I'm worried that we're looking at a lot of life sentences without due process or judicial review. And that can hurt us around the world and when our own people are taken captive.''





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