Court Asks For More Briefs On Whether RFRA Applies In GTMO

Yesterday, in Rasul v. Rumsfeld, 2006 U.S. Dist. LEXIS 4275 (D DC, Feb. 6, 2006), the U.S. District Court for the District of Columbia dismissed a series of claims by former Guantanamo Bay detainees alleging various forms of torture and mistreatment while in custody. However, the court ordered further briefing by the parties on whether the Religious Freedom Restoration Act applies to alleged harassment of the detainees in the practice of their religion, and, if so, whether defendants are entitled to qualified immunity for their conduct. The court said that while RFRA does not have extraterritorial effect, arguably the 2004 Supreme Court decision in Rasul v. Bush means that all United States law applies in the Guantanamo Bay Naval Base.