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OpEdNews Op Eds    H3'ed 3/16/10

America's Secret Prisons

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-- various other actions subverting the letter and spirit of international and US laws to pursue a global war on terror, including worldwide detention centers, claiming human rights laws there don't apply.


"One of the consequences of this policy was that many detainees were kept secretly and without access to the protection accorded to those in custody" under international and US laws.


Secret Detention Under International Law


For purposes of HRC's report, they occur when governments authorize, consent, support or acquiesce to depriving persons of their liberty; where they're denied contact with the outside world, including legal counsel; or when states neither confirm or deny knowledge or involvement in detaining alleged terrorists or suspected collaborators.


The practice is abhorrent and irreconcilable with international human rights and humanitarian law. Under no circumstances is it justified, yet America is a serial offender.


As arbitrary arrests, they deny personal liberty and security. Among other international law provisions, they violate Article 1 of the International Covenant on Civil and Political Rights (ICCPR) stating:


"Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention," and other provisions affirming fundamental international law rights.


The UN's High Commissioner for Human Rights Working Group on Arbitrary Detention calls secret ones arbitrary and illegal by denying detainees information on charges against them, a prompt hearing before a judge, and right to a fair trial according to established international law principles.


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