This website uses cookies to ensure you have the best experience. Learn more

Ruling Of Gitmo Detainees Essay

858 words - 3 pages

The June 2008 Supreme Court ruling in the case of Boumediene v. Bush gave prisoners detained at Guantanamo the constitutional rights to habeas corpus, which prohibits the withholding of a prisoner’s rights to challenge the basis of their detention except in “cases of rebellion or invasion” (Worthington). The decision ruled 5 to 4 that the prisoners have a constitutional right to go to federal court to challenge their continued detention (Greenhouse). Previous court proceedings set up Combatant Status Review Tribunals (CRST) as alternative standards to Habeas Corpus. Prisoners were not allowed legal representation and the U.S. could present “secret” evidence that they were unable to see. In June 2007, LTC Stephen Abraham, an intelligence officer who worked on the CSRTs, questioned their legitimacy and labeled them administrative show trials full of generic evidence that rubber stamped prisoner’s designations as “enemy combatants”(Worthington). His testimony spurred on the review of prisoners rights to habeas corpus and helped pave the way for the ensuing case of Boumediene v. Bush. Although the intent to give the prisoners at Guantanamo the constitutional rights to habeas corpus is judicially admirable, the lack of clear definition leaves lower courts with the responsibility of procedure and sets a dangerous precedent that allows the enemy to benefit from our court systems.
The Supreme Court left to district courts the responsibility for working through the procedure that would govern resulting habeas corpus proceedings. The primary question revolving around the habeas corpus decision is to what level of proof does the U.S. have to show for detaining a prisoner?(Waxman) Determining if it is some evidence, clear and convincing evidence, or beyond a reasonable doubt, is mind-boggling. Currently the standard appears to be “more probable than not,” more formally known as “preponderance of evidence.” Much of the problem is that the international law of detention in warfare presents minimal guidance on the standard of proof. Because conventional war was for a more limited duration many of the issues arising now at Guantanamo were never issues before. Article 5 of the Geneva Convention applies in that:
“should any doubt arise as to whether persons having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the combatant categories established by the Geneva Conventions, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal (Waxman),”
but nothing is mentioned concerning the “level of certainty” a competent tribunal should use...

Find Another Essay On Ruling of Gitmo Detainees

September 11, 2001 Essay

1626 words - 7 pages world. Throughout the last few years, many countries have extended their support in Afghanistan and Iraq to end terrorism and many individuals have been detained due to their participation in terrorist activities. These detainees are considered “enemy combatants”. A valid debate exists over the rights of prisoners of war, detained personnel or enemy combatants. The same question seems to be continuously being asked, do these individuals have civil

Guantanamo Bay: The Thorn in America’s Side

1685 words - 7 pages ): n. page. Web. 3 Mar. 2014. . Fetini, Alyssa. "A Brief History of Gitmo." n.pag. Time Magazine. Web. 27 Feb 2014. . Gannon, Kathy. "Obama pledge to transfer Guantanamo Bay detainees sparks diplomatic maneuvering for detainees." Fox News. Fox News Network, 13 July 2013. Web. 8 Mar 2014.

Guantanamo Bay in Regards to The U.S. Constitution

989 words - 4 pages their own evidence. If Habeas Corpus were put in to action, then the detainees would be given a fair trial that would equally represent both sides.4 By ruling that the Writ of Habeas Corpus would not be effective in Guantanamo Bay, this gave the detainees unequal representation, and lowered their chances of ever be tried or set free. I believe that this is unfair treatment on America's part. Even though the detainees might not be American

Habeas Corpus and War

1728 words - 7 pages accused of a crime has right to challenge the legality of the detention. This right is Habeas Corpus and is at the center of debates when it comes to detainees in the war on terror held at Guantanamo Bay. In this paper I will discuss how the right of habeas corpus plays into the war on terrorism; the rights that Guantanamo detainees should or should not have as well as ethical issues the United States Government are faced with when deciding

Situation of Human Rights and Democracy in Haiti

721 words - 3 pages delicate. However, in 1987 Haiti got a constitution that was suspended the following year, yet the return of the constitutional rule took place on October in 1994 after the continuous change in the ruling parties.Haiti is located in the Caribbean and occupies the western one-third of the island of Hispaniola, between the Caribbean Sea and the North Atlantic Ocean and in the west of the Dominican Republic.Haiti is one of the poorest countries in the

Habeas Corpus

2470 words - 10 pages abolished for non-US citizens designated as enemy combatants. This, in effect, meant that because of their illegal status, detainees had no privilege for habeas corpus, and that, as stated by Elsea & Garcia (2010), the act was consistent with the suspension clause. This argument was, however, rejected by the Supreme Court in 2008 by a 5-4 majority ruling in the case of Boumediene v. Bush. The Supreme Court ruled that the detainees at the Guantanamo

Terrorists Should Be Treated as Prisoners of War

2961 words - 12 pages enemy openly, or noncombatants associated with a military force.” ("Prisoners of War and Detainees"). In short, it is an enemy solider captured in a time of war that is released after conflict is resolved. If a member of the armed forces is charged with this offence they are provided with humane treatment as determined by the Geneva Conventions. It is vital for terrorists need to be treated with a basic level of humanity. If the Geneva

American Civil Liberties: Do Americans Have Enough Protections for Civil Liberties, or Not?

1742 words - 7 pages any official charges, without public alerts, and with no chance to attain a lawyer (Cole, & Dempsey, 2006). On top of all this another tactic in order to detain people was put into action; they would charge detainees with being illegal immigrants(which many were) (Cole, & Dempsey, 2006). Once convicted the detainees would typically agree to leave the country but instead were put on a hold until cleared program where they were once again detained

Fascism - A Failure of Modern Politics?

1462 words - 6 pages “Undesirables” such as Jews and communists to concentration camps, the American government imprisons terrorists and enemy combatants at Guantanamo Bay detention camp in Cuba. Inmates here can be detained indefinitely and are not protected by the Geneva Convention. Many shocking reports of human rights violations have surfaced from Guantanamo Bay. Former detainees and guards have made reports of how prisoners were often beaten before and during

The war on terror

1680 words - 7 pages violate human rights do not uproot terrorism: they nurture it,” regarding the U.S. governments Guantanamo Bay, international rendition, and drone programs. Guantanamo Bay has become notorious for its violation of human rights over the last decade or so. Some of the practices in there were torture, religious persecution, and forced drugging as said by former detainees. This War on Terror’s campaign of human rights abuse is clearly not good and needs

Inhuman Enhanced Interrogation Techniques

1983 words - 8 pages impact of the ruling was the single most significant Supreme Court ruling to date dealing with the war on terror. The ruling's most substantial point is that all non-citizen prisoners are protected by the Geneva Conventions. This essentially renders illegal the Bush administration's program of indefinite detention, mild torture, and extraordinary rendition, calling on the administration to treat all detainees in a manner consistent with international

Similar Essays

Torture In Guantanamo Essay

2013 words - 8 pages Torture in Guantanamo Under American influence, Binyam Mohamed, an Ethiopian citizen contained in the prison in Guantanamo Bay, Cuba, was tortured to an extent where his whole body was burned. Binyam is just one example of the claims of torture found in the Guantanamo Bay prison, otherwise known as “Gitmo”. Many of the Gitmo detainees are men who made most, if not all, Americans fear them after their attacks on September 11, 2001, but after

Guantanamo Bay: A Place Of Pain

1009 words - 5 pages election was to close Guantanamo Bay within a year of presidency, GITMO is still up and running and has a widespread use of medically sanctioned torture (Crook 115-116). President Obama has made many promises throughout his presidency which he has not fulfilled; one of which is to close Guantanamo Bay. His campaign promise included the closure of Guantanamo Bay within a year of presidency. “The administration’s effort to end detentions at Guanta

Abu Ghraib And Guantanamo Bay: The Safety Of Nations Or The Rights Of Few?

1107 words - 5 pages , often referred to as “Gitmo” (“Guantanamo Bay Naval...”). These facilities were repurposed to hold detainees in the “war on terror” in response to the 9/11 attacks in 2001. In 2004 the Supreme Court Case ruled that the detainees were not on U.S. Soil and are not covered by the U.S. Constitution. Therefore, the detainees’ “enemy combatant” status denied them some legal protections (Guantanamo Bay Naval...”). The question of whether these two prison

Habeas Corpus And The War On Terror

1785 words - 7 pages to do this to safeguard the America we live in now where our liberty is still protected under the constitution (CORBETT, R. J. (2012). In the case of Boumediene v. Bush on November 20, 2008, there were six native Algerian detainees at Guantanamo bay Cuba anxiously listening to district judge Richard Leon’s ruling from the bench on their writ of habeas corpus petition. Because the government failed to justify their imprisonment for 7 years five of