VOA标准英语2008年-US Supreme Court: Terror Detainees Can Appeal t

By Al Pessin
Washington
12 June 2008

The U.S. Supreme¹ Court has ruled that terror suspects at the Guantanamo Bay detention² center have the right to challenge their detention in U.S. civilian³ courts. President Bush says he will try to work with Congress to find a way around the ruling. VOA's Al Pessin reports from the Pentagon.

The Supreme Court ruled in a 5-4 vote that at least part of the revised process for holding and trying Guantanamo detainees, passed by the congress two years ago, is invalid⁴. Specifically, the court said the detainees have what is called the right of habeas corpus, the right to challenge their detentions⁵ in regular U.S. federal courts.
　

US President George W. Bush answers journalists' questions at Rome's Villa6 Madama, 12 Jun 2008

Speaking during a visit to Italy, President Bush said he will abide⁷ by the decision, but does not agree with it. He said he agrees with the court's minority, which defined the fight against terrorism as a "war."

"We'll study this opinion," he said. "And we'll do so with this in mind, to determine whether or not additional legislation might be appropriate so that we can safely say, and truly say, to the American people, 'We're doing everything we can to protect you.'"

But that may be more difficult than it was the two previous times the Supreme Court struck down parts of the government's special process for dealing⁸ with Guantanamo detainees. President Bush is now well into the last year of his term, and his political influence is waning⁹. In addition, the Congress is now controlled by his political opponents in the Democratic Party.

And Joanne Mariner¹⁰, who handles terrorism issues in the New York office of Human Rights Watch, says this time the Supreme Court has ruled that the detainees' right to appeal is rooted in the constitution, not ordinary laws.

"This is a constitutional ruling," she said. "This time it ruled explicitly¹¹ that it's the U.S. Constitution that undergirds its ruling. So it will not be possible for Congress to affect that aspect of the ruling."

Writing for the court majority, Justice Anthony Kennedy wrote "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." But he wrote federal judges could still decide to keep a detainee in custody¹² if there are legitimate¹³ security concerns.

Defense¹⁴ Secretary Robert Gates says his department is studying the ruling's implications, but declined further comment for now.
　

John McCain, 10 June 2008

Republican presidential candidate Senator John McCain said he is concerned about the ruling.

"These are unlawful combatants," he said. "They are not American citizens. But it is a decision the Supreme Court has made. Now we need to move forward."

One of the Senate's leading Democrats¹⁵, the Chairman of the Judiciary Committee, Patrick Leahy, said his view of the Bush administration's detainee policy has been vindicated¹⁶.

"Today's Supreme Court decision is a stinging rebuke¹⁷ of the Bush administration's flawed detention policies," he said. "It's a vindication¹⁸ for those of us who argued from the beginning that it was unwise as well as unconstitutional."

Joanne Mariner at Human Rights Watch calls the ruling "a landmark¹⁹" that restores U.S. credibility, and "a first step toward creating a fair process for the detainees," who were picked up as part of the global war on terrorism

Several cases are already pending²⁰ in federal courts, where judges have been awaiting the Supreme Court ruling.
　

A detainee, center, is escorted by US military personnel at the detention facility at Guantanamo Bay US Naval21 Base (file photo)

Some of the cases involve alleged²² torture. And in some cases the government has admitted using harsh interrogation techniques. Mariner says that will be part of the information federal judges will now consider. But she says it does not necessarily mean all 275 men held at Guantanamo will be released. She says that will be up to the federal judges assigned to each individual case.

"Many of the September 11th suspects have confessed to being what the government argues that they are -- perpetrators of terrorist attacks," said Mariner. "Those people are not going to be released because there is actual good reason to hold them."

But Mariner says this will allow U.S. civilian federal courts, with independent judges, to review the evidence in each case, and hear arguments from the government and the detainees' lawyers, and then decide whether each man should be held.

Mariner says this could also be the beginning of the end of the military commissions process, which the 2006 law established to hold trials for the detainees, but she says that depends on future rulings. Already, the Associated Press quotes the military lawyer for one detainee, Salim Hamdan, who was to go on trial next month, as saying he will call for the case to be dismissed based on Thursday's Supreme Court ruling.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 detention   

n.滞留，停留；拘留，扣留；(教育)留下

参考例句：

• He was kept in detention by the police.他被警察扣留了。
• He was in detention in connection with the bribery affair.他因与贿赂事件有牵连而被拘留了。

3 civilian   

adj.平民的，民用的，民众的

参考例句：

• There is no reliable information about civilian casualties.关于平民的伤亡还没有确凿的信息。
• He resigned his commission to take up a civilian job.他辞去军职而从事平民工作。

4 invalid   

n.病人，伤残人；adj.有病的，伤残的；无效的

参考例句：

• He will visit an invalid.他将要去看望一个病人。
• A passport that is out of date is invalid.护照过期是无效的。

5 detentions   

拘留( detention的名词复数 )； 扣押； 监禁； 放学后留校

参考例句：

• Teachers may assign detention tasks as they wish and some detentions have been actually dangerous. 老师可能随心所欲指派关禁闭的形式，有些禁闭事实上很危险。
• Intimidation, beatings and administrative detentions are often enough to prevent them from trying again. 恐吓，拷打和行政拘留足以阻止请愿者二次进京的脚步。

6 villa   

n.别墅，城郊小屋

参考例句：

• We rented a villa in France for the summer holidays.我们在法国租了一幢别墅消夏。
• We are quartered in a beautiful villa.我们住在一栋漂亮的别墅里。

7 abide   

vi.遵守；坚持；vt.忍受

参考例句：

• You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
• If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

8 dealing   

n.经商方法，待人态度

参考例句：

• This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。
• His fair dealing earned our confidence.他的诚实的行为获得我们的信任。

9 waning   

adj.（月亮）渐亏的，逐渐减弱或变小的n.月亏v.衰落( wane的现在分词 )；（月）亏；变小；变暗淡

参考例句：

• Her enthusiasm for the whole idea was waning rapidly. 她对整个想法的热情迅速冷淡了下来。
• The day is waning and the road is ending. 日暮途穷。 来自《现代汉英综合大词典》

10 mariner   

n.水手号不载人航天探测器，海员，航海者

参考例句：

• A smooth sea never made a skillful mariner.平静的大海决不能造就熟练的水手。
• A mariner must have his eye upon rocks and sands as well as upon the North Star.海员不仅要盯着北极星，还要注意暗礁和险滩。

11 explicitly   

ad.明确地，显然地

参考例句：

• The plan does not explicitly endorse the private ownership of land. 该计划没有明确地支持土地私有制。
• SARA amended section 113 to provide explicitly for a right to contribution. 《最高基金修正与再授权法案》修正了第123条，清楚地规定了分配权。 来自英汉非文学 - 环境法 - 环境法

12 custody   

n.监护，照看，羁押，拘留

参考例句：

• He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
• He was taken into custody immediately after the robbery.抢劫案发生后，他立即被押了起来。

13 legitimate   

adj.合法的，合理的，合乎逻辑的；v.使合法

参考例句：

• Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。
• That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

14 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

15 democrats   

n.民主主义者，民主人士( democrat的名词复数 )

参考例句：

• The Democrats held a pep rally on Capitol Hill yesterday. 民主党昨天在国会山召开了竞选誓师大会。
• The democrats organize a filibuster in the senate. 民主党党员组织了阻挠议事。 来自《简明英汉词典》

16 vindicated   

v.澄清（某人/某事物）受到的责难或嫌疑( vindicate的过去式和过去分词 )；表明或证明（所争辩的事物）属实、正当、有效等；维护

参考例句：

• I have every confidence that this decision will be fully vindicated. 我完全相信这一决定的正确性将得到充分证明。
• Subsequent events vindicated the policy. 后来的事实证明那政策是对的。 来自《简明英汉词典》

17 rebuke   

v.指责，非难，斥责 [反]praise

参考例句：

• He had to put up with a smart rebuke from the teacher.他不得不忍受老师的严厉指责。
• Even one minute's lateness would earn a stern rebuke.哪怕迟到一分钟也将受到严厉的斥责。

18 vindication   

n.洗冤，证实

参考例句：

• There is much to be said in vindication of his claim.有很多理由可以提出来为他的要求作辩护。
• The result was a vindication of all our efforts.这一结果表明我们的一切努力是必要的。

19 landmark   

n.陆标，划时代的事，地界标

参考例句：

• The Russian Revolution represents a landmark in world history.俄国革命是世界历史上的一个里程碑。
• The tower was once a landmark for ships.这座塔曾是船只的陆标。

20 pending   

prep.直到，等待…期间；adj.待定的；迫近的

参考例句：

• The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。
• He knew my examination was pending.他知道我就要考试了。

21 naval   

adj.海军的，军舰的，船的

参考例句：

• He took part in a great naval battle.他参加了一次大海战。
• The harbour is an important naval base.该港是一个重要的海军基地。

22 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为