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From The Observer:
Guantanamo inmates to lose all rights
Human rights campaigners are calling it the 'November surprise' - a last-minute amendment smuggled into a Pentagon finance bill in the US Senate last Thursday.
Its effects are likely to be devastating: the permanent removal of almost all legal rights from 'war on terror' detainees at Guantanamo Bay and every other similar US facility on foreign or American soil.
If the amendment passes the House of Representatives unmodified, one of its immediate effects is that ... lawyers who act for Guantanamo prisoners will again be denied access, as they were for more than two years after Camp X-Ray opened in 2002.
The amendment was tabled by Lindsay Graham, a South Carolina Republican, and passed by 49 votes to 42. It reverses the Supreme Court's decision in June last year which affirmed the right of detainees to bring habeas corpus petitions in American federal courts.
As a result, about 200 of Guantanamo's 500 prisoners have filed such cases, many of them arguing that they are not terrorists, as the US authorities claim, and that the evidence against them is unreliable.
None of them were given any kind of hearing when they were consigned to Guantanamo. Instead, the Americans unilaterally declared they were unlawful 'enemy combatants', mostly on the basis of assessments by junior military intelligence personnel, who were often reliant on interpreters whose skills internal Pentagon reports have criticised.
....A senior Pentagon lawyer who asked not to be named said that the Graham amendment will have another consequence. The same Pentagon bill also contains a clause, sponsored by Graham and the Arizona Republican John McCain, to outlaw torture at US detention camps - a move up to now fiercely resisted by the White House. 'If detainees can't talk to lawyers or file cases, how will anyone ever find out if they have been abused,' the lawyer said.
Most of the evidence of abuse at Guantanamo has emerged from lawyers' discussions with their clients.