High court judges have found in six separate cases that detention amounted to inhuman and degrading treatment.
The judges rejected a fourth complaint, that the men's detention amounted to "torture and inhuman or degrading treatment".
More than half the 166 detainees still held there have been cleared to return to their home countries or third countries and their continued detention amounted to arbitrary detention in breach of international law, she said.
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.
Their report concludes that secret detention "amounts to a case of enforced disappearance" and that it is "a manifold human rights violation that cannot be justified under any circumstances, including during states of emergency".
He said that such unauthorized detentions amounted to "criminal conduct in my book".
For some, pretrial detention can amount to a death sentence.
Or whether, as Margulies argues, President Bush's detention policies amount to a radical assertion of executive authority.
The 7-to-2 decision made clear, though, that unless the state could prove that an offender was unable to some degree to control his behavior, extended detention would amount to little more than a second, indefinite prison sentence.
Finally, the federal government and state governments should engage in greater data collection by tracking the results of the hearing, whether or not counsel was assigned, the length of pretrial detention and amount of any bail required, the outcome of the trial, the sentence, and the defendant's race.
