Post by Anja Nieser on Sept 8, 2006 1:22:49 GMT -5
No respect for the rule of law
Yesterday, President Bush made 2 significant moves in his "war on terror".
He simultaneously proposed a revised version of the military commissions
for Guantnamo, and flew in the 14 worst cases he could find in his secret
prisons to justify the bad law he wants to pass.
The reason for the transfer is transparently political. The administration
has long argued that Guantnamo houses the "worst of the worst" terrorists
in the world, yet it has gradually become clear that the "baddest" man
there was, at most, Bin Laden's chauffeur. The administration wants to
pass a draconian military commission bill and prefers to focus the
argument on limiting the rights of al-Qaida's main architects, rather than
the small fry who have been held for so long.
Much of the language in the new commission bill introduced yesterday comes
verbatim from the earlier incarnation. The law applies retroactively,
tossing away several centuries of ex post facto jurisprudence. The "jury"
continues to be made up of military officers "convened", (ie,
hand-picked), by secretary of defence Donald Rumsfeld. Statements coerced
out of the prisoner or some person unknown may still be used, so long as
the colonel in charge thinks they have some probative value. The accused
may still be convicted based on evidence kept secret from him. The bill
allows for the death penalty for every crime and is there anyone who
believes the Bush administration will seek a lesser punishment for these
14 men?
Most troubling, perhaps, is the implicit repudiation of Bush's recent
assurances that he would like to close Guantnamo down. The transfer is an
unequivocal step towards consolidating the prison for the long term. If
the CIA agent who said that each Guantnamo prisoner inspired ten Muslims
to become suicide bombers was correct, then imagine what will happen when
Khalid Sheikh Mohamed is executed in Guantnamo a couple of years from now.
Nobody should fall for the latest gambit in Bush's war on human rights. It
is time to re-embrace the principle on which America was founded. Genuine
respect for the rule of law will make everyone safer.
(source: Clive Stafford Smith, The Guardian (UK) )
Yesterday, President Bush made 2 significant moves in his "war on terror".
He simultaneously proposed a revised version of the military commissions
for Guantnamo, and flew in the 14 worst cases he could find in his secret
prisons to justify the bad law he wants to pass.
The reason for the transfer is transparently political. The administration
has long argued that Guantnamo houses the "worst of the worst" terrorists
in the world, yet it has gradually become clear that the "baddest" man
there was, at most, Bin Laden's chauffeur. The administration wants to
pass a draconian military commission bill and prefers to focus the
argument on limiting the rights of al-Qaida's main architects, rather than
the small fry who have been held for so long.
Much of the language in the new commission bill introduced yesterday comes
verbatim from the earlier incarnation. The law applies retroactively,
tossing away several centuries of ex post facto jurisprudence. The "jury"
continues to be made up of military officers "convened", (ie,
hand-picked), by secretary of defence Donald Rumsfeld. Statements coerced
out of the prisoner or some person unknown may still be used, so long as
the colonel in charge thinks they have some probative value. The accused
may still be convicted based on evidence kept secret from him. The bill
allows for the death penalty for every crime and is there anyone who
believes the Bush administration will seek a lesser punishment for these
14 men?
Most troubling, perhaps, is the implicit repudiation of Bush's recent
assurances that he would like to close Guantnamo down. The transfer is an
unequivocal step towards consolidating the prison for the long term. If
the CIA agent who said that each Guantnamo prisoner inspired ten Muslims
to become suicide bombers was correct, then imagine what will happen when
Khalid Sheikh Mohamed is executed in Guantnamo a couple of years from now.
Nobody should fall for the latest gambit in Bush's war on human rights. It
is time to re-embrace the principle on which America was founded. Genuine
respect for the rule of law will make everyone safer.
(source: Clive Stafford Smith, The Guardian (UK) )