Court rules on 'dirty bomb' suspect

Padilla's lawyers said his detention was unconstitutional

By Emma Simpson BBC correspondent in New York

A judge in New York has ruled that lawyers for the man accused of plotting to detonate a radioactive "dirty" bomb are legally entitled to challenge his detention.

I still need to review it, it's a mixed opinion and the judge has ruled in favour of the government on many of the issues

Donna Newman, lawyer for Jose Padilla

For the last six months Jose Padilla, a US citizen, has been held as a so-called enemy combatant, detained indefinitely without charge or legal representation.

His lawyers claim his detention is unconstitutional.

When Mr Padilla's arrest was made public by US Attorney General John Ashcroft, he had already been removed from the criminal justice system into military detention.

He was made an enemy combatant by an executive order from US President George W Bush and has been held at a naval base since.

Government blow

But his detention has proved highly controversial.

The US Government maintains that Mr Padilla has no rights as an enemy combatant, while his lawyers claim that his detention is illegal.

Wednesday's ruling will come as a blow to the Bush administration.

It had argued that Mr Padilla's lawyers were not entitled to legally challenge the government's actions, but a judge has now ruled that his defence team can pursue their efforts to seek his release.

He said that they could also meet their client.

'Mixed opinion'

Mr Padilla's lawyers described the decision as significant, but acknowledged that the judge had backed the government on other issues.

"I still need to review it," lawyer Donna Newman said. "It's a mixed opinion and the judge has ruled in favour of the government on many of the issues."

Judge Michael Mukasey had agreed that the government did have the power to detain unlawful combatants.

"The president ... has both constitutional and statutory authority to exercise the powers of commander in chief, including the power to detain unlawful combatants, and it matters not that Padilla is a United States citizen captured on United States soil," he wrote.

He said he would make a decision on whether Padilla was properly detained at a later date.