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Habeas corpus and America's soul
Aref Assaf
July 23, 2007
I wrote a letter recently to Senator Robert
Menendez, (D-NJ) urging him to support a new resolution to corrects the failings
of the 2006 Military Act Commission, MCA. I reminded the Senator that "
The MCA removes
the Constitution's right to habeas corpus for persons the president designates
unlawful enemy combatants. It allows the President to define who is and who is
not an enemy of our country, and then takes away due process protections. It
also undermines the Geneva Conventions, which set the law for America's conduct
during war." I then asked the Senator to support the "Habeas Corpus Restoration
Act" (H.R. 1416 and S.185) which will restore the due process right of habeas
corpus to detainees being held indefinitely at
Guantánamo
Bay and
elsewhere." Enter Stephen E. Abraham, a
civilian business layer who was assigned to work on the case of detainees in
Guantanamo Bay Cuba. After short tour of duty, Stephen, according to the New
York Times front page story is emerging as "one of the Bush administration’s
most unlikely adversaries." The Times article continues that "Colonel Abraham
became the first military insider to criticize publicly the Guantánamo hearings,
which determine whether detainees should be held indefinitely as enemy
combatants. Just days after detainees’ lawyers submitted an affidavit containing
his criticisms, the
United States Supreme Court
reversed itself and agreed to hear an appeal arguing that the hearings are
unjust and that detainees have a right to contest their detentions in federal
court."
A new policy
report by the Center for International Policy offers a concise overview of the
many problems and concerns associated with the Guantanamo Bay prison, where
nearly 400 alleged "enemy combatants" are held in violation of U.S. and
international law. The report, written by CIP associates Jennifer Schuett and
Abigail Poe, draws on the proceedings of a January 2007 conference on the
Guantanamo prison sponsored by CIP.
See the full
report: Why the Prison at Guantanamo Must Be Closed by downloading it at:
http://www.ciponline.org/cuba/ipr/gtmo_ipr0707.pdf
To read my letter to Senator Menendez, please click here.
To read the NYT article, please click here.
To read my earlier
anecdotes on the subject, please click here.
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