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Guantanamo Detainees' Appeal Turned Down By Supreme Court

Guantanamo Detainee Supreme Court Ruling

05/23/11 04:26 PM ET  AP

WASHINGTON — The Supreme Court has turned down an appeal from Guantanamo detainees who fear they may be tortured or jailed if they are released from the U.S. naval base in Cuba.

The justices on Monday rejected a plea from dozens of detainees who say they should have 30 days' advance notice to challenge their transfer to countries where they have a reasonable fear of torture, or even continued confinement.

Justices Stephen Breyer and Sonia Sotomayor voted to hear the appeal, two votes shy of what was needed. Justice Elena Kagan sat out because she worked on the case as U.S. solicitor general.

The government says it has a policy not to send detainees anywhere they are likely to be tortured. Courts have ruled that the government's word is sufficient.

The case initially included Canadian Omar Khadr, but he has since pleaded guilty to war crimes and been sentenced to eight years in prison.

The case is Khadr v. Obama, 10-751.

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Filed by Elyse Siegel  |