Share on Google Plus Share on Twitter 13 Share on Facebook 1 Share on LinkedIn Share on PInterest Share on Fark! Share on Reddit Share on StumbleUpon Tell A Friend (14 Shares)  
Printer Friendly Page Save As Favorite View Favorites View Stats   5 comments

OpEdNews Op Eds

The evil of indefinite detention and those wanting to de-prioritize it

By (about the author)     Permalink       (Page 1 of 1 pages)
Related Topic(s): ; ; , Add Tags Add to My Group(s)

Must Read 2   Well Said 2   Valuable 2  
View Ratings | Rate It

opednews.com Headlined to H2 1/8/12

Become a Fan
  (121 fans)
- Advertisement -
reprinted from Salon.com

This Wednesday will mark the ten-year anniversary of the opening of the Guantanamo prison camp. In The New York Times, one of the camp's former prisoners, Lakhdar Boumediene, has an incredibly powerful Op-Ed recounting the gross injustice of his due-process-free detention, which lasted seven years. It was clear from the start that the accusations against this Bosnian citizen -- who at the time of the 9/11 attack was the Red Crescent Society's director of humanitarian aid for Bosnian children -- were false; indeed, a high court in Bosnia investigated and cleared him of American charges of Terrorism. But U.S. forces nonetheless abducted him, tied him up, shipped him to Guantanamo, and kept him there for seven years with no trial.


Lakhdar Boumediene (image from wikipedia)

In September, 2006, the U.S. Congress passed the Military Commissions Act (MCA) which, among other things, not only authorized the detention of accused Terrorist suspects without a trial, but even explicitly denied all Guantanamo detainees the right of habeas corpus: the Constitutionally mandated procedure to allow prisoners at least one opportunity to convince a court that they are being wrongfully held. Habeas hearings are a much lower form of protection than a full trial: the government need not convince a jury beyond a reasonable doubt that someone is guilty, but rather merely present some credible evidence to justify the imprisonment. But the MCA denied even habeas rights to detainees.

Only once the U.S. Supreme Court, in a 2008 decision bearing Boumediene's name, ruled that this habeas-denying provision of the MCA was unconstitutional, and that Guantanamo detainees were entitled to habeas corpus review, was the U.S. government finally required to show its evidence against Boumediene in an actual court. A Bush-43 appointed federal judge then ruled that there was no credible evidence to support the accusations against him, and he was finally released in May, 2009. Please first go read Boumediene's short though gripping account of what this indefinite detention did to his life, and then consider the following points:

Click Here to Read Whole Article

 

For the past 10 years, I was a litigator in NYC specializing in First Amendment challenges, civil rights cases, and corporate and securities fraud matters. I am the author of the New York Times Best-Selling book, How Would A Patriot (more...)
 

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon


Go To Commenting

The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact Author Contact Editor View Authors' Articles
- Advertisement -

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

HSBC, too big to jail, is the new poster child for US two-tiered justice system

US investigates possible WikiLeaks leaker for "communicating with the enemy"

Prosecution of Anonymous activists highlights war for Internet control

The myth of Obama's "blunders" and "weakness"

Are All Telephone Calls Recorded And Accessible To The US Government?

The Remarkable, Unfathomable Ignorance of Debbie Wasserman Schultz

Comments

The time limit for entering new comments on this article has expired.

This limit can be removed. Our paid membership program is designed to give you many benefits, such as removing this time limit. To learn more, please click here.

Comments: Expand   Shrink   Hide  
5 people are discussing this page, with 5 comments
To view all comments:
Expand Comments
(Or you can set your preferences to show all comments, always)

I thought Huntsman was supposed to be an alternati... by spinnikerca on Sunday, Jan 8, 2012 at 6:58:44 PM
Mr. Greenwald is mistaken. the NDAA language was c... by lila york on Monday, Jan 9, 2012 at 7:36:29 AM
What the hell?  How much money did it take? &... by Lester Shepherd on Monday, Jan 9, 2012 at 8:21:20 AM
I tried to find the part where Greenwald wrote tha... by Richard Pietrasz on Monday, Jan 9, 2012 at 4:37:46 PM
Obviously, while NDAA is in force, the prez MUST g... by Leslie Piper on Monday, Jan 9, 2012 at 3:00:36 PM