NEW YORK -- An appeals court panel heard arguments Monday on whether to release the identities of some detainees at the Guantanamo Bay prison camp who suffered mistreatment by their handlers or other prisoners.
Assistant U.S. Attorney Elizabeth Wolstein told the 2nd U.S. Circuit Court of Appeals that Judge Jed S. Rakoff in Manhattan erred in 2006 when he ordered the names released, finding in favor of a Freedom of Information Act request by The Associated Press.
Wolstein said the privacy interests of detainees who were mistreated were important to protect them from "a genuine possibility of harm" if their identities were revealed and their enemies suspected they cooperated with U.S. authorities.
Attorney David A. Schulz, arguing for the news organization, said Rakoff was right to order the Defense Department to release the identities of victims in eight files reporting investigations of allegations of abuse by military personnel, along with the names of family members who sent personal correspondence to two detainees.
"The AP's interest is the public's interest, knowing what the government is up to," Schulz told the panel. He said learning the identities "allows the AP to investigate these claims."
The judges gave no indication how they would rule. "The panel is wrestling with the privacy interests over the public's right to know," said Judge Peter Paul.
In his 2006 opinion, Rakoff wrote that "it is hard to see any substantial privacy interest is involved." He noted that the government had not cited another instance in which a judge had concluded that a victim of prison abuse was granted privacy protection against a FOIA request.
Rakoff said any privacy interests were outweighed by the "considerable public interest in learning more about DoD's treatment of identifiable detainees, whether they have been abused, and whether such abuse has been properly investigated."
The arguments are part of a long-running fight between the media and the U.S. government over the release of information about Guantanamo detainees.
About 275 of the 775 individuals captured since the Sept. 11 terrorist attacks and detained at Guantanamo Bay remain there.
Wolstein said the privacy interests of detainees who were mistreated were important to protect them from "a genuine possibility of harm" if their identities were revealed and their enemies suspected they cooperated with U.S. authorities.
Attorney David A. Schulz, arguing for the news organization, said Rakoff was right to order the Defense Department to release the identities of victims in eight files reporting investigations of allegations of abuse by military personnel, along with the names of family members who sent personal correspondence to two detainees.
"The AP's interest is the public's interest, knowing what the government is up to," Schulz told the panel. He said learning the identities "allows the AP to investigate these claims."
The judges gave no indication how they would rule. "The panel is wrestling with the privacy interests over the public's right to know," said Judge Peter Paul.
In his 2006 opinion, Rakoff wrote that "it is hard to see any substantial privacy interest is involved." He noted that the government had not cited another instance in which a judge had concluded that a victim of prison abuse was granted privacy protection against a FOIA request.
Rakoff said any privacy interests were outweighed by the "considerable public interest in learning more about DoD's treatment of identifiable detainees, whether they have been abused, and whether such abuse has been properly investigated."
The arguments are part of a long-running fight between the media and the U.S. government over the release of information about Guantanamo detainees.
About 275 of the 775 individuals captured since the Sept. 11 terrorist attacks and detained at Guantanamo Bay remain there.
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