Appeals Court Affirms Dismissal of Suit Over Guantanamo Suicides
The DC Appeals Court today upheld the dismissal of a lawsuit by surviving relatives of detainees who committed suicide at Guantanamo. While the district court cited failure to state a claim as a basis for the dismissal, the Appeals Court cites the Military Commissions Act(Section 7(a) and 28 USC 2241 (e)) as depriving federal courts of jurisdiction to hear claims regarding conditions of confinement (as opposed to habeas claims regarding lawfulness of detention.)
The Military Commissions Act of 2006 results in no remedy being available. The Court (opinion here) says tough luck.
“Not every violation of a right yields a remedy, even when the right is constitutional.”
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