New Lawsuit Reopens Debate on Prisoner Rights

Over the past decade or so since the US government started experimenting with alternative prison arrangements for individuals accused and convicted of terror-related activities, a debate has raged between those who point to the perception that this behavior makes us no better than the police states we fight against and those who note the lack of terrorist attacks since September 11th. A new lawsuit represents the latest chapter in the debate, though it certainly won't be the last. In this latest fight for prisoner's rights, five current and former prisoners are suing the Bureau of Prisons for its use of Communication Management Units, areas where communications between prisoners face a higher level of scrutiny due to their convictions for terror-related activities.

Although in many of the recent cases dealing with enemy combatants, prisoners rights, rights of the accused etc., plaintiffs had solid cases backed by treaty law, customary international law and the Constitution, it is tougher to see where the merits in this case may lay. The suit claims violations of freedom of association and that the treatment constitutes cruel and unusual punishment. However, it is well established that certain rights are left behind at the prison gates, and it seems unlikely that plaintiffs in this case will be able to convince the U.S. District Court of the District of Columbia that their rights are more important than the State's interest in maintaining a safe prison system. This is particularly true now that two successive administrations from either side of the aisle have presided over the set-up, making it a less politically sensitive issue. However it is always difficult to know exactly how such a case will end up. Indeed, it is often true that the only certainty in such cases is that people on at least one side of the prisoner rights debate will be upset with the outcome.