lohud.com

Sponsored by:

What ever happened to habeas corpus?

December
4

Bill Goodman, legal director of the Center for Constitutional Rights in Manhattan and a former president of the National Lawyers Guild, will speak Dec. 6, at Manhattanville College in Purchase about the Military Commissions Act.

The act, which President Bush signed in October, has been called unconstitutional and un-American by many civil libertarians.

According to the Center for Constitutional Rights, the new law strips non-citizens of the right to seek review of their detention by a court through the filing of a writ of habeas corpus, the cornerstone of Western justice that since 1215 has protected people from arbitrary detention, disappearance and indefinite detention without charge.

Goodman said hundreds of habeas corpus petitions that the center and others have brought on behalf of many of the 450 men still held at Guantanamo Bay, are now in danger. Recent reports of innocent men being released from Guantanamo underscore the importance of moving quickly to defeat this law, he said.

“From Afghanistan to Spain and Germany to Pakistan, innocent men have been returned home to their families,” Goodman said. “We know, as does the Bush Administration, that many more of the roughly 450 men still held at GuantÃÆ’¡namo are also innocent. To deny them the right to make their case and to win their freedom, is not only immoral and illegal, but undermines the concepts of liberty and democracy that this country was built on.”

The act also dramatically expands the President’s powers, permitting him to determine what constitutes torture and who may be labeled an “unlawful enemy combatant” and therefore detained indefinitely, Goodman said.

Once in U.S. custody, the law allows detainees to be subjected to stress positions, temperature extremes, sleep deprivation, and possibly waterboarding, Goodman said. It also defines sexual violence crimes so narrowly that some of the outrages of Abu Ghraib, such as forced nudity, would not be punishable, and defines rape and sexual abuse in a manner that is inconsistent with international law, turning back the clock on the hard-fought victories of survivors of sexual violence. At the same time, the bill provides retroactive immunity for U.S military and intelligence officials for the torture and abuse of detainees, including the widely condemned horrors which occurred at Abu Ghraib and Guantanamo, he said.

The free seminar Wednesday is open to the public. It will be held at 7 p.m. at Reid Castle on the Manhattanville campus. For more information call (914) 323-7156.

This entry was posted on Monday, December 4th, 2006 at 5:48 pm by Susan Elan.
You can follow any responses to this entry through the RSS 2.0 feed.
Print This | Email This Email This

Advertisement

5 Responses to “What ever happened to habeas corpus?”

  1. Anoneemus

    I think HC was meant to apply to citizens and residents. The people at Gitmo are enemy combatants. In case you have noticed recently, we are at war with an enemy that would like to eliminate or convert us all.

  2. John

    Gee, I just needed to read the slanted headline to know that this was a Susan Elan post…

  3. Publius

    Talk about press-release journalism…

  4. Patric K. Stanton

    “Anoneemus” seems to have fallen into the simplistic trap that has been set by the Bushies.
    The military commissions act gives the president SOLE power to label ANYONE an Enemy Combatant, after which is has SOLE power to strip them of citizenship and then detain them INDEFINITELY without any right to habeas corpus, so that they never have to see evidence against them, receive a trial, or any independent judicial review of the case against them.

    This means, quite simply, that the loss of habeas corpus does apply to all of us, including you and me. It is NOT about the “enemy” who is everywhere and nowhere.

    And, by the way, unless our government has suddenly become all-knowing, what exactly is the problem with presenting evidence to a judge that someone you are detaining actually might have committed the crime with which they are charged, and then trying them?

    Or, have we already become the same as the people against whom we claim to be fighting?

  5. ron

    This president has made a shambles of the Constitution and very few people are pointing it out. Hence the ignorant readers responses on this blog. Likewise, few really understood how the Constitution was skirted in Iran-Contra. Sex scandals they understand. Anything more complex than that and it’s too much to think about. Keep up the good work Susan. Someone has to keep talking about this issue.

Leave a Reply

Advertisement
About this blog
Politics on the Hudson, from The Journal News/LoHud.com, is your online source for up-to-the-minute political news, insight and dish in the Lower Hudson Valley and New York state. Contributors to the blog include reporters and editors from Westchester, Rockland and Putnam counties, as well as Albany and Washington.

Subscribe
Politics on the Hudson Podcast

Daily Blog Email Updates


The Authors


Local Elections

Elections Central 2009

SMS Text Alerts
ÒWant to be the first to learn about breaking local political news? Subscribe to the new text alerts from Politics on the Hudson.Ó
Enter your phone number:
 
Advertisement
Other recent entries

Links



Recent Comments


Advertisement


Recently Updated LoHud Blogs
Monthly Archives


Bad Behavior has blocked 5565 access attempts in the last 7 days.