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Federal judge denies petition to end force-feeding of Guantanamo detainees
Federal judge denies petition to end force-feeding of Guantanamo detainees
Rebecca DiLeonardo at 2:23 PM ET
[JURIST] A judge for the US District Court for the District of Columbia [official website] on Tuesday denied [opinion, PDF] a motion by Guantanamo Bay
[JURIST backgrounder] detainees to end forced feeding of
hunger-striking prisoners. The petitioners maintained that the practice
was cruel and that it would interfere with their religious practices
during the month of Ramadan, which began on July 8 and requires fasting
during daylight hours. In her opinion, Judge Rosemary Collyer found that
the court does not have jurisdiction to decide the case. She also noted
that even if the court had jurisdiction, she would not have granted the
order, saying: "there is nothing so shocking or inhumane in the
treatment of Petitioners—which they can avoid at will—to raise a
constitutional concern that might otherwise necessitate review." Collyer
also pointed out that the Guantanamo staff had plans to accommodate the
petitioners' religious needs during Ramadan.
A judge in a similar case also ruled last week that the federal courts do not have jurisdiction [JURIST report] over the forced-feeding issue. Several hunger striking detainees filed motions
[JURIST report] earlier this month alleging that the practice violates
human rights law and medical ethics, while serving "no penological
interest." Currently, there are 166 detainees at the Guantanamo prison,
of which 46 are classified as indefinite detainees
[JURIST report]. Last month a federal judge called on members of
Congress and President Barack Obama to give serious consideration to formulating a different approach [JURIST report] for the handling of Guantanamo Bay detainee cases. Just days prior Obama had appointed [JURIST report] Clifford Sloan to be the new envoy in charge of closing Guantanamo Bay. The appointment followed a speech
[JURIST report] Obama made in May that outlined US counterterrorism
policy and efforts. In his speech, he detailed the steps needed to get
prisoners out of Guantanamo, but cautioned that he cannot close the
facility on his own.
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