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January 14, 2008 at 06:10:40

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Appeals Court Rules That Gitmo Detainees Are Not "Persons" (And That Torture Is To Be Expected)

by Mary Shaw     Page 1 of 1 page(s)

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Just when I thought I couldn't be more disgusted with the torture being done in our name and with our tax dollars, another sickening news report comes along:

According to McClatchy Newspapers, a federal appeals court in D.C. "threw out a suit by four British Muslims who allege that they were tortured and subjected to religious abuse in the U.S. military prison at Guantanamo Bay, Cuba, a ruling that exonerated 11 present and former senior Pentagon officials."

Why? Because "the detainees captured in Afghanistan aren't recognized as 'persons' under the Religious Freedom Restoration Act because they were aliens held outside the United States."

Furthermore, the court rejected other claims "on the grounds that then-Attorney General John Ashcroft had certified that the military officials were acting within the scope of their jobs when they authorized the tactics, and that such tactics were 'foreseeable.'"


So, according to the court, the Gitmo detainees are not persons, and the torture should have been foreseeable (in other words, torture is to be expected). In fact, the court said that "the interrogation tactics, which Rumsfeld first authorized in 2002, were 'incidental' to the duties of those who'd been sued." Ouch.

Whether or not the court sees the detainees as persons, they are human beings. As such, they have human rights, and those human rights were violated.

I hope the Supreme Court will set things straight. But I shall not hold my breath.

###

 

http://www.maryshawonline.com

Mary Shaw is a Philadelphia-based writer and activist, with a focus on politics, human rights, and social justice. She is a former Philadelphia Area Coordinator for the Nobel-Prize-winning human rights group Amnesty International, and her views (more...)
 

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2 comments


I am pretty sure

that militants all around the world  will take notice also and  now when OUR people complain that  they are killed or terrorised or tortured  they would hold that court decision right in front of them.  What goes around comes around big time.

by Mark Sashine (72 articles, 19 quicklinks, 269 diaries, 4101 comments [131 recommended, 0 rejected]) on Monday, Jan 14, 2008 at 2:42:35 PM

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Disgusting!

We should all be so proud! A Court in the United States of America has ruled that detainees are not "persons" and have no rights. In addition,they should have expected to be tortured by agents of the United States of America. What a disastrous blow to what America has always stood for and for our reputation in the world. It is galling to note that this court also had the temerity to state that the decisions to torture were an incidental part of Rumsfeld's job. This will surely resonate around the world, and God help any of our military that is detained. They have just set a precedent that shocks the conscience!

by Lynn Beckman (0 articles, 1 quicklinks, 0 diaries, 27 comments) on Monday, Jan 14, 2008 at 3:49:00 PM

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