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Court backs Bush anti-terror law | Court backs Bush anti-terror law |
(40 minutes later) | |
An American appeals court has upheld an anti-terrorism provision that states that Guantanamo Bay inmates cannot challenge their detention in US courts. | |
The provision was a key element of a law for prosecuting terror suspects that President George W Bush sent through Congress last year. | The provision was a key element of a law for prosecuting terror suspects that President George W Bush sent through Congress last year. |
The appeal court said civilian courts could not determine whether detainees were being held illegally. | The appeal court said civilian courts could not determine whether detainees were being held illegally. |
The ruling is almost certain to go to the Supreme Court, correspondents say. | The ruling is almost certain to go to the Supreme Court, correspondents say. |
Last year that court threw out the government's original plans for trying detainees before military commissions. | Last year that court threw out the government's original plans for trying detainees before military commissions. |
'Enemy combatants' | 'Enemy combatants' |
The US Court of Appeals for the District of Columbia Circuit ruled 2-1 in favour of the provision in the Military Commissions Act. | The US Court of Appeals for the District of Columbia Circuit ruled 2-1 in favour of the provision in the Military Commissions Act. |
Mr Bush had said he needed the new law to bring terror suspects to justice. It allows for the indefinite detention of foreigners as "enemy combatants". | Mr Bush had said he needed the new law to bring terror suspects to justice. It allows for the indefinite detention of foreigners as "enemy combatants". |
Writing in favour of the majority decision, Judge A Raymond Randolph said that accepting the arguments of lawyers on behalf of detainees "would be to defy the will of Congress". | Writing in favour of the majority decision, Judge A Raymond Randolph said that accepting the arguments of lawyers on behalf of detainees "would be to defy the will of Congress". |
Dissenting Judge Judith W Rogers said district courts would be "well able to adjust these proceedings in light of the government's significant interests in guarding national security". | Dissenting Judge Judith W Rogers said district courts would be "well able to adjust these proceedings in light of the government's significant interests in guarding national security". |
There are nearly 400 detainees being held at the Cuba detention centre. | There are nearly 400 detainees being held at the Cuba detention centre. |
Up to 80 are set to face the new military commissions. | Up to 80 are set to face the new military commissions. |
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