"But prosecutor Clay Trivett argued that if detainees felt they were “mistreated in U.S. custody” they could file a complaint in federal court, and that should be sufficient."
Could they file a complaint? I thought the whole point of detaining them at Guantanamo was that they are outside the jurisdiction of the US courts.
They can file a complaint called a Bivens action seeking damages for violations of their Constitutional rights. However, even the analogous statute for when state police violate your rights (42 USC § 1983) is very difficult to win because, among other reasons, of a doctrine known as qualified immunity. A Bivens action is even harder to win, and under circumstances like these, I'd feel comfortable saying impossible.
Maher Arar lost, José Padilla lost, Shafiq Rasul lost, Arkan Ali lost, Abdul Al-Janko will lose. It's a remedy that exists only in theory. Similarly other courts have suggested that the torturers could be criminally tried. If you believe that will ever happen, I have a very nice bridge to sell you.
DoD Lawyer: "Your honor, let the record note Exhibit A: the Guantánamo Bay Suggestion Box. It is made available to facility guests every third Thursday of the month, between 8 and 8:07am."
Could they file a complaint? I thought the whole point of detaining them at Guantanamo was that they are outside the jurisdiction of the US courts.