A US court has ruled four Britons can take court action claiming their religious freedoms were infringed while they were detainees at Guantanamo. The four, who were released in 2004 without any charges, are claiming $US10 million ($13.04 million) in damages from US Defence Secretary Donald Rumsfeld and other senior military officials. A US District Court in Washington ruled yesterday action could go ahead under the Religious Freedom Restoration Act, which says US government officials must not stop any person carrying out their religious beliefs.
The action by Shafiq Rasul, Asif Iqbal, Ruhal Ahmed and Jamal al-Harith also alleges the Pentagon chain of command authorised and condoned torture and other mistreatment. The US government argued at a hearing that the action should be dismissed. But Judge Ricardo Urbina ruled the Britons' claims that they were mistreated and stopped from practicing their religion while incarcerated at the Guantanamo Naval Base could proceed under the 1993 act.
His decision said the allegation was that US government officials committed a "direct affront to one of this nation's most cherished constitutional traditions". US courts have previously dismissed actions brought on behalf of Guantanamo detainees under the Geneva conventions and other actions claiming the behaviour of the US military at Guantanamo had been unconstitutional.
The Supreme Court is currently considering a case challenging the legality of military tribunals held at the base.
"Mr Rasul and the other plaintiffs in this case were denied basic rights to worship as part of a systematic attempt to denigrate them as human beings," said their lead lawyer Eric Lewis. "Judge Urbina's decision sends a strong message that Secretary Rumsfeld and the Generals who implemented these policies will be held accountable," said Mr Lewis.
http://www.theaustralian.news.com.au/story/0,20867,19088167-1702,00.html
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