Habeas What?
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
For those of you who don’t know, Habeas Corpus is our right to defend ourselves from being detained illegally. It’s what keeps people from being arrested and held without being charged with a crime. It’s a right that every United States resident enjoys, and it ensures that the government doesn’t arrest people without a just cause. Or at least that’s what it is supposed to do. For the last six and half years we’ve had a detention camp that suspended Habeas Corpus and has been detaining people for long periods of time without a formal charge on the grounds that they are an “enemy combatant”. This detention camp is the Guantanamo Bay detention camp. This camp has been notorious for human rights violations including torture and sexual degradation, among other things. Before we move on, let’s think about that. A lot of these people, who may or may not be terrorists and are definitely prisoners of war, have not been charged with any crimes, have never stepped foot in an American court house or military tribunal, and they’re being tortured, sexually harassed, pepper sprayed, intimidated, and are being subjected to religious persecution. And whereas we would have the right to appeal our imprisonment, these people have had to sit back and take this until they’re released (which may or may not be because they were found innocent eventually in a tribunal).
Well, no more of that! The Supreme Court has ruled that our constitution does indeed apply to our navel base in Cuba where some 270+ men are being held. These tortured and belittled men finally have the ability to claim that they are being held illegally. Now, this doesn’t necessarily mean that they’ll be released, as our intelligence agencies claim they have evidence that the men are actually dangerous enemy combatants. However, this evidence has not be presented to date as it has not been necessary to prove that the imprisoned people deserve to be there.
There is a dark side to this ruling, unfortunately, and that is that it has been denounced by the Bush administration. You know, those guys who want to protect the free world. These people who have been put into to place by and to serve the constitution are denouncing a ruling that gives U.S. prisoners constitutional rights. There is something incredibly wrong with this. It’s not surprising though, considering their record. I guess what’s even more unnerving to me is that McCain, the presumed Republican nominee and candidate for United States President, has said that’s it’s concerning that the courts have ruled this way. I don’t see what’s so concerning about due process. I don’t see what’s so concerning about innocent until proven guilty. It’s a hell of a lot better than torture them into confession, and if that doesn’t work let them go eventually.
Tagged : law, constitution, united states, terrorism, war, mccain, bush, gitmo