Monday, August 04, 2003

Habeus Corpus and Terror Suspects

A Commentary on the "Monitor's View: Terror and the Constitution", Cristian Science Monitor, 4 August, 2003.

This is the first time I've come across a major US National Newspaper detailing problems with the "unlawful enemy combatant" status denying basic legal rights to US citizens captured under the War on Terrorism.

The basic rights are, "habeus corpus" and the right to an attorney, both mentioned in the US Constitution. According to Encyclopaedia Brittanica "The US Constitution guarantees that the privilage "shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." Artcle 1, Section 9. Par 2

The specific case of US citizens mentioned in this article is the case in point, does declaring them unlawful enemy combatants deny them access to that right and further more, the right to representation by an attorney? I would say it doesn't, and the establishment of the Cuban base at Guatanamo needs to be wound up, it is an imperial base without the permission of the current government and represents the imprial behaviour of the US in the Americas. The US has its own islands to set up such a facility, just like Australia.