The Bush administration declined to call the Guantanamo “prisoners of war”

WASHINGTON, November 10 (IslamOnline.net & News Agencies) - The U.S. Supreme Court agreed Monday, November 10, to examine the legality of holding foreigners at Guantanamo military camp, one day after the U.S. human rights activists asked the court to show "where it stands" on civil liberties.

The court said its ruling would be "limited" to "whether United States courts lack jurisdiction to consider challenges to the legality" of the detention of foreign nationals captured abroad in connection with September 11 attacks and incarcerated at the Guantanamo naval base in Cuba.

It is the first time the high court agreed to take up the controversial issue, and discussions on the cases are to begin next year, Agence France-Presse (AFP) reported.

The Bush administration has refused to budge since their capture, declining to call them prisoners of war protected under the Geneva Conventions.

'Where the Court Stands?'

Jurists, former diplomats and military staff have asked the high court's nine justices to weigh in on the legality of the detention of prisoners - including nationals of Kuwait, Australia and Britain - who have not been charged and cannot consult an attorney.

Lawyers for several of the detainees made an application to the Supreme Court.

The plaintiffs, also including human rights organizations, diplomats, former judges and retired military officers, believe the high court should step in and declare that Bush's administration is denying justice to approximately 650 men from 42 countries held prisoners by the United States at the military camp.

A ruling or silence from the Court "will be an important statement either way," said lawyer Ira Robbins.

"At least we will find out where the court stands and maybe they will make an important statement protecting civil liberties," argued Robbins, who is also an expert on the Supreme Court.

The lawyers and human rights groups believe that Bush administration's abuse of civil liberties under the pretext of the so called "war on terrorism" will eventually affect all Americans.

The Center for Constitutional Rights CCR has unsuccessfully argued in federal courts that the detainees have a right to a lawyer and to appear before a judge.

Federal courts have said that detainees at Guantanamo do not have the same legal rights as prisoners held in the United States due to the legal status and location of the base.

Rising Accusations

A series of cases have now been filed with the Supreme Court on behalf of 16 of the prisoners, including Kuwaitis, Australian and British nationals.

Mohammad Sagheer, the first Pakistani released from Guantanamo filed suit against the United States for $10.4 million in compensation for the "torture and humiliation" he faced in detention.

Similar accusations were filed also form an Australian Lawyer, Richard Bourke, who accused the United States of using "old-fashioned" torture techniques to force confessions out of prisoners at the Guantanamo military camp.

Many international rights organizations, including the U.S.-based Human Rights Watch and Amnesty International, had frequently called on the Bush administration to investigate and address charges of torture of those detainees or risk criminal prosecution.

Amnesty International condemned in May the U.S. breaches of international law under the cover of the war against terror, a few months after Human Rights Watch said that Bush must promptly investigate and address charges of torture of suspected the Guantanamo detainees or risk criminal prosecution.