Turning To America For Justice

[No DUplicitous DUpe]

Turning To America For Justice
By Dick Kazan (posted with permission)

As part of its "War on Terror," the U.S. Government seized and is holding 435 detainees <"enemy combatants"> in Guantanamo, indefinitely and without charges, while torturing them.

According to MSNBC.com, from 2002 to November, 2006 Guantanamo has held 775 detainees, of which approximately 340 were eventually released, 110 are designated as ready for release, "more than 70" according to the Pentagon will face some form of trial at some time, and about 250 are held with no designation.

It is a matter of national security as to how one is designated by the Bush Administration as an "enemy combatant." Maybe it is being critical of the American occupation of Iraq, or offending someone the Pentagon has confidence in. But the fact that 340 people were eventually released would indicate that even under the rigorous confinement of Guantanamo, and no judicial hearing, the Bush Administration could not find a justification to hold them indefinitely.

It is estimated that at various times over 200 detainees have conducted hunger strikes and others have committed suicide. But most have pinned their hopes on the U.S. justice system, for what other choice do they have. A week ago, that justice system failed them.

By a 2-1 ruling, the U.S. Court of Appeals said that under the Military Commissions Act , civilian courts no longer have the right to decide if the military is holding foreign citizens illegally.

Under this Act, the U.S. government can indefinitely hold foreigners it deems "enemy combatants" and the CIA is allowed to use whatever means of interrogation it chooses.

This ruling contradicts more than two hundred years of American Justice, which assumes one is innocent until charged in a court of law and found guilty. We as a nation have held that torture and indefinite jail time violate our fundamental codes of conduct.

Detainee lawyers are filing an appeal to the U.S. Supreme Court, which last year, ruled against the Bush Administration's plan to secretly try detainees before military commissions.

The Supreme Court also ruled against the Bush Administration which said the detainees were not allowed the protections of the Geneva Conventions.

But later in 2006, under the Military Commissions Act, Congress authorized President Bush to decide which Geneva Conventions to honor and which to ignore.

By contrast, last week Canada's Supreme Court by a 9-0 vote struck down a law allowing Canada to hold foreign terrorist suspects indefinitely, with no charges.

"The overarching principle of fundamental justice that applies here is this: before the state can detain people for significant periods of time, it must accord them a fair judicial process," wrote Chief Justice Beverley McLachlin in the ruling....

(Continued at http://saneramblings.com/phpBB/viewtopic.php?t=132 )

[annabanana]

1. We used to hold the Torch of Freedom for the world. .

[No DUplicitous DUpe]

2. It really is a crying shame. N/T

[annabanana]

3. There is a brief window wherein we can right the ship.

I hope we don't miss it.