Send a Tweet
Most Popular Choices
Share on Facebook 2 Share on Twitter Printer Friendly Page More Sharing
OpEdNews Op Eds    H2'ed 1/9/12

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

By       (Page 1 of 1 pages)     (# of views)   5 comments
Author 4807
Message Glenn Greenwald
Become a Fan
  (151 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.


Copyrighted Image? DMCA

- Advertisement -

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:

- Advertisement -

Click Here to Read Whole Article

 

- Advertisement -

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

Glenn Greenwald Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Glenn Greenwald is one of three co-founding editors of The Intercept. He is a journalist, constitutional lawyer, and author of four New York Times best-selling books on politics and law. His most recent book, No Place (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter
Name
Email
   (Opens new browser window)
 

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"

The Remarkable, Unfathomable Ignorance of Debbie Wasserman Schultz

4 quick points about the MSNBC discussion