A judge for the US District Court for the District of Columbia [4] on July 16 denied (PDF [5]) a motion by Guantánamo Bay detainees to end forced feeding of hunger-striking prisoners. The petitioners maintained that the practice was cruel and that it would interfere with their religious practices during the month of Ramadan, which began on July 8 and requires fasting during daylight hours. In her opinion, Judge Rosemary Collyer found that the court does not have jurisdiction to decide the case. She also noted that even if the court had jurisdiction, she would not have granted the order, saying: "there is nothing so shocking or inhumane in the treatment of Petitioners—which they can avoid at will—to raise a constitutional concern that might otherwise necessitate review." Collyer also pointed out that the Guantanamo staff had plans to accommodate the petitioners' religious needs during Ramadan.
A judge in a similar case also ruled last week that the federal courts do not have jurisdiction [6] over the forced-feeding issue.
From Jurist [7], July 17. Used with permission.
