Wednesday, June 18, 2008

Guantanamo Detainee Rights?


Recently, the supreme court ruled to allow Al Qaeda prisoners in Guantanamo Bay the right to refute their imprisonment in public court. Currently, US officials have the power to imprison non-us citizens due to suspicion of terrorism, or suspected ties to terrorist cells.

The judiciary branch of the government exists to keep the executive and legislative branches in order. It is what makes our constitution so great: checks and balances- that way when the executive branch gets our of order, the other two branches can get them back on track and in line with the constitution.

That being said, let's educate ourselves or at least have a refresher on US law; specifically what is called "habeas corpus." Wikipedia defines it as follows: "Is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of himself or another person. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action."

This is a right given to US citizens. This right is not given to non-US citizens held in US prisons.

Specifically, Guantanamo prisoners were denied this right. The apparent purpose of this prison is to detain, question and eventually prosecute Al Qaeda and other terrorist organization members in order preserve homeland security. While trying to protect our own nation from terrorism, the end result, is the loss of the very values that are supposedly being defended by the war on terror. This really should be a human right and not a privilege given only to US citizens. It gives far too much power to a country to be able to imprison people based solely on suspicion.

Only a very narrow minded and selfish person would be willing to imprison people who have not been proven guilty in order to protect themselves. That goes against the same principles that we ourselves enjoy. ie- innocent until proven guilty. Guantanamo prisoners were held guilty until proven innocent- many detainees are held for years and are never proven to have any ties to terrorism.

According the US official reports:
  • As of November 17, 2006 there were about 430 detainees in Guantanamo
  • Only 10 or 430 had been charged with any crime
  • 55% of detainees are found to have never committed any hostile acts against the US or its allies.
  • 40% – percent of detainees who have no definitive connection with Al Qaeda
  • 18% – percent of detainees who have no definitive connection with Al Qaeda or Taliban
  • 86% – percent of detainees were not captured on the battlefield, but were captured and bought by Pakistan or the Northern Alliance and turned over to United States custody
President Bush is greatly apposed to the Supreme Court ruling and has publicly rebuked their decision. While speaking on the matter, he appeared to be highly distraught over the matter. Let's be honest here- our government is not perfect, far from it. What gives us the right to remove all rights (through imprisonment) of someone merely based on suspicious activity? There is no limitation on time of imprisonment for detainees not proven innocent. This power is incredibly dangerous and must not be given to any country.

1 comment:

captainamerica said...

OK. I have to write this all over again. It sucks but maybe rewriting it will make it shorter and more to the point.

I agree that we should treat our U.S. rights as basic human rights to all people. Even in times of war to our enemies.

Keeping detainees indefinitely wihout probable cause is wrong. However, keeping them in prison while evidence is being gathered in their case is perfectly reasonable. Only celebrities with lots of money to post bail get out of such treatment right here at home so I see no reason to treat al quaeda any differently. But I'm sure that's what you mean.

There is something very powerful about affording the same rights to enemies at times of war as our own citizens would receive. The perfect example of this was Moroni in the book of Alma.

I see a great parallel between the the Lamanite and Nephite nations in ancient times and the Muslim and "Christian"(America) nations in our own time. The Lamanites were taught that the Nephites were infidels who wronged their fathers. They were taught to hate and to hunt and to destroy the Nephites. Such factions exist today among Muslim nations. Many have been raised to believe that they would be doing God a favor by blowing us to kingdom come. And they've been told that to give their own lives in such an effort is an honorable act that will be eternally rewarded. It was similar that way. You see, the Lamanites believed that they had been robbed for their birthright by Nephi. The mnuslims believe they were robbed of their birthright by Isaac, they being the descendents of Ishamael they have inherited an eternal hatred for the descendents of Isaac which include Israel and Christians. This sucks. But it's true. Now, not ALL muslims believe this way, just like not ALL lamanites did, but there are many.

If the United States is smart, they would do what Moroni did in times of war. He treated his enemies as though they were already equal citizens in his country, deserving of the same treatment. How many times did Moroni command his armies to cease from killing the Lamanites in the middle of a battle they were winning because he "did not desire to men of blood"? Would the Lamanites have afforded them the same courtesy? No certainly not. But that didn't stop Moroni from doing it. He knew what he and his country and his religion stood for and that behavior I believe what was the ultimate cause of the end of that massive war that was descreibed in Alma.

Moroni showed the Lamanites that he cared more about their lives and freedom than their own leaders did, and it wasn't too long before thge Lamanites began to take note and flee, in DROVES, to Moroni to surrender with a sincere desire to live among them in peace and enjoy the same kind of life the Nephites enjoyed under that system and way of life.

The Lamanite military leaders had no regard for the lives of their people. Neither does al quaida. The people they brainwash into hating us may have to be killed by our hand, I see nothing wrong with killing them to defend ourselves, but if it so happens that we find them delivered into our hands, as the lamanites had so many times been delivered into the hands of Moroni, and how many have been delivered into our hands at guantanamo, how we treat them while they are in our power will be a very important decision we need to make as a country. And I think there is clearly a better way to do it.

If we are going to end the conflict on any level with radical muslim extremists we MUST treat them as fellow children of God and NOT stoop to whatever levels they may choose to stoop to. I believe that by doing so we will continue to enjoy the favor and protection of God or the Universe or karma or whatever you want to call it that we have enjoyed so many years in this great nation.