The Supreme Court on Wednesday debated on whether the fate for the prisoners of The War on Terror, held in Guantanamo Bay, Cuba, deserved hearings before an independent judge to prove their fate.
The debate turned out to be hot as the Supreme Court was deeply divided over the issue of prisoners taken to Cuba without any court hearings.
These men have been held in isolation for six years, Washington attorney Seth Waxman, solicitor general in the Clinton administration, told justices.
Waxman was directly representing six Algerians who were arrested as terrorism suspects but subsequently freed by Bosnian judges. He added that more than 300 men were taken to Guantanamo bay showing how Bush administration deprived them of fair hearings and trampled on legal standards set by the U.S. Constitution.
Three years ago, a new procedure allowing Guantanamo prisoners to have hearings before three military officers, without a lawyer and right to challenge evidence against them was adopted.
The Court's four member liberal bloc supports the Constitution's right for prisoners to plead for their freedom before an independent judge.
Justice Anthony M. Kennedy appears to be the determinant for the outcome of the court though he continously cautioned the possiblity of prisoners to win fair hearings under the current U.S. law.