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Unlawful Detention at Guantanamo Bay
In his book The Enemy Within, author Stephen J. Schulhofer notes, "In the two months following September 11, approximately 1200 foreign nationals living in the United States were arrested and detained by federal law enforcement agencies," (11). In addition to these foreign nationals, who are detained at Guantanamo Bay and other disclosed and undisclosed locations, a number of United States Citizens have been detained for indefinite periods of time: without judicial review, without adequate or private access to legal council, and often times under harsh conditions. Cases like that of Abdullah al Muhajir, an American citizen born Jose Padilla, illustrate how since September 11, the government has systematically violated national and international law, restricting the rights and freedoms of individuals. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and guarantees the nation's citizens a reasonable expectation of privacy in the case of legal searches or seizures of property or of information. The Fourth Amendment has been repeatedly violated by the American government under the guise of national security and the PATRIOT Act. The Fourteenth Amendment to the United States Constitution sets forth the "rights, guaranteed privileges and immunities of citizenship, due process and equal protection," which are clearly outlined in section one of that constitutional amendment (FindLaw.com). The detention of American citizens...
Additionally, the treatment of the prisoners at Guantanamo Bay, almost all of whom are from Muslim countries, violates both U.S. National Law under the "Torture Victim Protection Act" of 1991, as well as the 1987 United Nations' Geneva "Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment."
The Torture Victim Protection Act from United States Code National Law, instated in 1991, establishes liability, exhaustion of remedies, and a statute of limitations regarding cases of torture. Section 3b of the Torture Victim Protection Act defines the term "torture" to include "any act, directed against an individual in the offender's custody or physical control, by which severe pain or suffering ... whether physical or mental, is intentionally inflicted on that individual." Exceptions involve instances in which the pain or suffering was "inherent in, or incidental to, lawful sanctions," a clause that is ripe for misinterpretation and misuse. Torture is similarly defined by the Geneva Convention, which states that "no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment." Guantanamo Bay may indeed violate both federal and international statues regarding torture.
In addition to mental and physical torture techniques that the American government may be guilty of, the Bush administration has also…
Works Cited (in addition to works provided)
"U.S. Constitution: Fourteenth Amendment." FindLaw.com. <http://caselaw.lp.findlaw.com/data/constitution/amendment14/>.
Guantanamo Bay and the United States History of Guantanamo Bay, and the U.S. Involvement with Guantanamo Bay The Legality of the U.S. Occupation of Guantanamo Bay Why Do the U.S. Hold Guantanamo Bay? The Legal Position Regarding the U.S. Being in Guantanamo Bay Recent Events at Guantanamo Bay: Camp X-Ray and Camp Delta The Legal Position Regarding Events at U.S. Camps in Guantanamo Bay The Geneva Convention and Guantanamo Bay In the last two years the U.S. naval
Introduction The United States has leased 45 square miles of land and water at Guantanamo Bay from Cuba for more than a century. Commonly known as “Gitmo,” the U.S. Naval Base at Guantanamo Bay has been the source of increasing calls for its closure as no longer necessary or appropriate in the 21st century. To determine the facts, this paper reviews the relevant literature concerning Guantanamo Bay to provide the background
The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also argued that this case was easily distinguished from Hamdi (2002) because Newman already had a preexisting relationship with Padilla. The government also argued that the District Court of the
Thus, the CSRT was an ineffective "dummy" review tribunal that sought to reinforce the current status of detainees in the Guantanamo detention camp -- denied to have a review of their case, and denied of any right to be tried by a court for their case. Another compelling argument that ultimately granted the petitioners to their right to exercise the writ of habeas corpus was the Supreme Court's recognition that
Geneva Conventions Enacted after the horrors of World War II demonstrated the limitations of earlier treaties, the Geneva Convention of 1949 have become one of the preeminent international standards dictating the behavior of combatants and the treatment of individuals in the context of international and other conflicts, to the point that it has become a part of generally accepted customary international law. Building upon three earlier treaties signed in Geneva, the
S. fails to consider the inmates as war prisoners, and does not allow them to defend themselves against the charges brought, is a complete breach of the Geneva Conventions. At the same time, statements such as Donald Rumsfeld's consideration that the prisoners of Afghanistan are unlawful combatants and do not enter the category of prisoners of war is simply a means of establishing a legal niche that would allow the