CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, October 24, 2013

"Former Detainee’s Right to Speedy Trial Wasn’t Violated, Appeals Panel Rules"

From The New York Times:

A federal appeals panel in Manhattan ruled on Thursday that the government’s long detention of a valuable terrorist, first at a secret site run by the Central Intelligence Agency and then at Guantánamo Bay, Cuba, did not deprive the suspect of his right to a speedy trial.

The defendant, Ahmed Khalfan Ghailani, the only former Guantánamo detainee to be tried in the civilian court system, had appealed his 2010 conviction on grounds that his detention amounted to an unconstitutional delay in bringing him to trial.

The panel acknowledged that the nearly five-year delay was substantial. But, it said, “the Supreme Court has repeatedly held that the government may purposely delay trials for significant periods of time, so long as, on balance, the public and private interests render the delay reasonable.”

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