Guantanamo Bay Residents Lose Out
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Administrative
Human Rights
Al Rawi and Others, Regina (on the Application of) -v- Secretary
of State for Foreign & Commonwealth Affairs and Another
[2006] EWCA Civ 1279
CA
12 October 2006
The claimants sought that the defendant should issue a request to
the US authorities for their release from detention at Guantanamo
Bay. Held: The courts would not be able to intervene by judicial
review, and would be reluctant to intervene in e respondent's
conduct of foreign relations, but the claimants now asserted
severe infringement of their human rights, including saying that
they had been tortured. The US had declared them to be enemy
combatants. The applicants were not British Nationals.
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