The final answer, and the one that largely motivates the Obama administration, is that trials are perceived to be more legitimate than detention, especially among civil libertarians and foreign allies.
Granting habeas corpus and winning on it helps legitimate government detentions to skeptical parties both at home and abroad.
After weeks of military investigation, a separate team of law enforcement officials concluded that he was not a legitimate candidate for military detention and trial.
Whether they should be allowed out of jail would depend, for example, on whether there were legitimate reasons for their detention, like on grounds of dangerousness, the court said.
In 2010, a federal judge, James Robertson, reviewed the same profile of Slahi the government submitted to the PRB and found the accusations insufficient to establish he was a member of al-Qaida and thus a legitimate subject of wartime detention.
October 20, 2010: At the jail for teen-age boys Last year, the office of Preet Bharara, the United States Attorney for the Southern District, released a report denouncing the horrific conditions in the adolescent jail on Rikers, describing it as a place that "seems more inspired by Lord of the Flies than any legitimate philosophy of humane detention".
In November, minister [Hugh ] Robertsonwrote making clear our concerns about his welfare and treatment, stressing that the regime's failure to provide any information that would indicate Dr Khan's continued detention is legitimate meant his position should be reviewed immediately.
"In November, Minister [Hugh ] Robertsonwrote making clear our concerns about his welfare and treatment, stressing that the regime's failure to provide any information that would indicate Dr Khan's continued detention is legitimate meant his position should be reviewed immediately.
Of course, you could easily argue that Australia is already breaching Article 31, simply by putting legitimate refugees in offshore detention centres.
The report also noted that the facility Browder was housed in was "more inspired by Lord of the Flies than any legitimate philosophy of humane detention".
