Introduction
Guantánamo’s detention operation has now entered its seventeenth year. Forty-one Muslim men still languish there, five of whom have long been cleared for transfer by the Executive Branch’s national security apparatus. Many of the men, including participants in the joint motion now before the Court, are torture survivors. They are confined to a place where torture was practiced (for some, on them) but where effective treatment is not, and can never be, available. All of the men face serious medical consequences—independent of the effects of any past torture and cumulative of those effects for survivors—associated with the agonizing uncertainty of indefinite detention.
Put more simply, the status quo at Guantánamo is human suffering. The United States should not be in the business of prolonged noncriminal detention to that end, and as such the court should grant the Petitioners’ motion.