THE Island’s relationship with the Crown was used by the United States Supreme Court to justify its ruling yesterday on the status of non-US detainees at Guantanamo Bay.
In explaining why the court had decided that the prisoners held in Cuba were entitled to challenge their detention, Justice John Paul Stevens said that in the 17th century the writ of habeas corpus - which is filed to release a party from unlawful restraint - had extended beyond England to other jurisdictions outside of the Sovereign’s control, such as Jersey.
Justice Stevens used British examples when explaining his verdict, as habeas corpus had become established in American law prior to the country’s independence from Britain.
The Supreme Court overturned a presidential decision that foreigners held outside of the US were not entitled to the same rights as US citizens or those held on US soil.
Article posted on 29th June, 2004 - 12.00am
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