I repeat:
So what evidence is there that it is absolutely necessary?
The detaining power decides. There is no GC provision for making their reasons public. But since the vast majority of those held have already been released it doesn't appear they are holding people simply to be big meanies. And the fact that many of those released went right back to fighting again shows that, if anything, they have erred on the side of the detainee quite often.
This provision was not met until 2004: before that the us government held that there was no need to do that because Guantanamo bay is in Cuba: a clear breach of the provisions;
They were given a military tribunal status hearing, which until 2004 was all that was ever required. The SCOTUS then ruled that they were also entitled to challenge their status in civilian court, which was a requirement unprecedented in the entire history of the US wrt captured wartime enemies. They have ever since been given the habeus corpus hearing the SCOTUS asked for. So there is no violation of this provision.
Evidence against these people? Evidence that the duration is proportionate to any offence which has been shown to be committed? Evidence that imprisonment is necessary rather than, say,internment?
The evidence was presented to the military tribunal which determined their status upon capture, and also to the civilian court judge in the habeus corpus hearing.
Evidence that continued detention is necessary?
You're now mixing up court cases. The SCOTUS ruling mentioned dealt with the then procedures of the military commissions prosecuting war crimes. Those have since been altered to the court's satisfaction, and affects only those detainees to be prosecuted for war crimes. Your "continued detention" question was already answered earlier in this post.
Habeus corpus is a fundamental right going back hundreds of years and it is an essential if the rule of law is to be maintained. The US government attempted to subvert it: a dangerous and illegal action: the claim that the us has no sovreignty over its own military camps is laughable: except it is not funny that any government would stoop so low in trying to undermine basic safeguardds and freedoms.
Thanks to the SCOTUS ruling captured enemies in wartime now have the right to a habeus corpus hearing in civilian courts for the first time in the entire history of the USA. This is an expansion of rights, not a reduction of them. If you disagree feel free to show any other time in US history where captured enemies in wartime were given habeus corpus hearings.
Evidence that these rights were protected at Guantanamo bay? Some who have been released say not. And:
The onus is on you to show that they were abused. Funny, drkitten made the same claim and disappeared when asked for evidence. Maybe you can provide the evidence drkitten couldn't?
Again this provision was clearly breached
How so? Cases have made it all the way to the SCOTUS, so your claim that appeals were denied is laughable on its face. And the ICRC has been visiting detainees not only in Gitmo but also in bases and detention centers in Afghanistan. So once again, you make claims while offering no evidence other than an assertion the rules are being violated.
If they were enemy combatants they were POW's: if not they were protected persons. There are no other options. Till this point many were POW's and the rights pertaining to that status were wholly breached. It seems perfectly clear that the rule of law was in no way respected: rather the government decided that its power was supreme and that the safeguards built in as "checks and balances" were a great annoyance. It is fortunate that the system did in the end put some limits on this arbitrary abuse: but there is no evidence that the government itself had any respect for, or even belief in, any such check on its power. Sadly the supreme court has not proved to be a particularly strong shield against the "divine right of government"
They were POWs until a tribunal determined their status, which happens as soon as possible after their capture. They were found not to meet the requirements necessary for POW status because they had no proper chain of command, did not carry arms openly, did not wear insignia or symbol recognizable from a distance, did not conduct themselves according to the Laws of Armed Conflict, etc etc. The
court case you cited was based not on the GC, but on the requirements of the Military Commissions Act of 2006. This is a seperate issue of POW status required by the GC, and instead related to the jurisdiction of the military tribunals. The detainees were subsequently given new status hearings in accordance to the Military Commissions Act of 2006 where it was determined they were indeed unlawful enemy combatants.
IOW, you are confusing the POW status requirements of the GC with the requirements of US law to determine jurisdiction under the Military Commissions Act of 2006. There was no illegal detention, nor did the judge rule that there was an illegal detention. Nor is there any evidence that any of the detainees qualified for POW status under the GC.
There is no evidence at all that the detainees were "members of al Quaeda" for the most part: so it is hardly a respectable ruling: again, mere sophistry
They don't have to be members of al Qaeda, the AUMF covers "those nations, organizations, or persons [the POTUS] determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons".
I guess that's why we have had so many court cases relating to this! It's astonishing how people you claim were given no rights managed to argue their cases all the way up the the SCOTUS. Not a bad trick for someone with "no rights"!