Problem Guantánama : varstvo ustavnih pravic za bodečo žico

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Contibutor(s)

Zagorac, Dean (author)

Language

slovenian

Source

Revus (Ljubljana)

Year

2004

Numbering

volume 2, issue 3

Publisher

GV Revije
Klub Revus
Pravna praksa
Uradni list Republike Slovenije

Provider

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

description

The Supreme Court of the United States ruled on 28 June 2004 in three cases regarding detainees in connection with American "war" on terrorism, especially those detained in Guantanamo. In cases Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla, the Court ruled on their right to habeas corpus. In the case of Rasul v. Bush the Court ruled that the petitioners who are not citizens of the US and are detained in the American Naval Base in Guantanamo, Cuba, have right to habeas corpus and that federal habeas corpus statute applies in their case. In the case of Hamdi v. Rumsfeld in which the petitioner is citizen of the US the Court ruled the same, but at the same time it emphasized that the petitioner's right is based on the Constitution. In the case of Rumsfeld v. Padilla the Court ruled that the petitioner who is detained in South Carolina cannot bring his habeas corpus petition in court in New York, but in the forum which holds territorial jurisdiction over South Carolina.

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