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Center for Constitutional Rights and the Recent US Suprem Court-Guantanemo ruling.
On June 14 2008 the US Suprume Court gave the detainees at Guantanemo, Cuba Habeas Corpus. HC is basically a petition, writ to see whether or not a prisoner is imprisoned justly or unjustly. This decision was far from a quick one. The fact is various lawyers from the Center for Constitutional Rights have been petitioning the US government for this very ruling since 2002.
To be particular, this was Boumediene v. Bush The Center for Constitional Rights (CCR) is one of the formost organizations protecting rights under the US Constitution. Their url is http://ccrjustice.org The organizations deals with issues involving US rights.
Some of its issues are the following: Illegal wiretapping, corporate human rights abuse and racial, gender economic justice. For the purposes of this article I will concentrate on their work for judicial rights. Background. The reality is the attorneys of CCR have been involved with the rights of Quantanemo prisoners for over five years. The first incident was in February 2002. It was the original Habeas case bought before the Bush administration by legal council from the Center for Constitutional Rights. It was how the detainees were in a "legal black hole". That is the prisoners were without legal recourse to challenge US federal court to see if they were held legally. Five hundred detainees are affected. The next two years, the right to Habeas Corpus ie, Rasul vs Bush, was sidetracked by various means by the Bush presidency. This was done by methods that included various laws including the Detainee Treatment Act and the Military Commission Act. The former act is part of the US Dept. of Defense Appropiations Act,2006. Source:Council on Foreign Relations. www.cfr.org. The 6/12/08 Supreme Court ruling in essence overturned the part of the act that denied HC. While the Detainee Treatment Act of 2005 guaranteed decent treatment of prisoners, it eliminated Habeas Corpus.
The June 12th Supreme Court Ruling did away with the Detainee Treatment Act and the Military Commission Act. The ruling was both were unconstitutional. The specific act refers to Boumediene v. Bush,
The US Supreme Court ruling is far from a snap decision. I know this to be true, since one member of CCR is married to one of my cousins on my father's side. In other words I personally met him. His name is Stewart(Buz) Eisenberg. I think his nick comes from the Buz mentioned in Genesis. The prisoners, no matter how you feel about them, are being held indefinitely in legal limbo. That is they were incapable of proving their innocence. I am not saying necessarily that they everyone of them are not guilty.
What I am saying, there was no recourse for them to have their day in court. The US Constitional guarantees our rights and freedoms. This is what makes the US one of the greatest nations on earth. It was founded on rights. Even from the earliest beginnings there was the Bill of Rights for Americans. One of the most crucial right is the right to a fair and impartial trial to prove one's guilt or nonguilt. This means too the right of Habeas Corpus. Hc is the Some these rights include the right to legal council. Another one is the right to trial by jury to determine one's guilt or non guilt. Technically speaking one can only be found guilty or not guilty. There is no such thing as being found innocent. John McCain, Republican Candidate for president said in so many words, this US Suprume Court ruling is one of the scariest decisions ever made by the court. I interpret what he means is disturbing, ie threatening. Krauthammer, conservative commentator disapproved of the ruling too. As did Hannity, Bill OReilly and other Fox commentators. I am certain many other conservatives disapproved too. Personally I don't see how this ruling is frightening. Everybody is due their rights in court. Once the ruling is passed down, the prisoners will be able to go on trial.
Once this happens hopefully justice will be served. My definition of justice is a person on trial gets what they deserve. If they are deserving of being punished they will be. If they are undeserving of a punishment they won't be. Perhaps once and for all we'll see who is really guilty and who were imprisoned unjustly. Its all about justice, US Constititional Rights. Even if one believes the people imprisoned in Guantanemo are the cream of the crop of terrorists with ties to Alqaida they still deserve their rights.
Its International Law too. Its the United Nations Universal Declaration of Human Rights and the Geneva Convention. Both acts were signed by the United States.
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This intel was contributed by mugwort
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