Wednesday, December 05, 2007

Habeas Corpus

Habeas Corpus, produce the body, or evidence, is the essence of due process. That the detainees in Guantanamo have not had fair hearings at the military tribunals is evidenced by Murnat Kurnaz, a German who has been held there even after German Intelligence had declared that he was not a terrorist and American authorities agreed and were to release him in a few weeks, back in 2002.
He was not released until 2006, since he had been found and held as an enemy combatant after a subsequent military tribunal. See

This is why the Supreme Court is hearing arguments regarding if the detainees have the right to a habeas corpus challenge to their imprisonment: Does the government have a valid basis for such imprisonment.

After the Supreme Court had previously ruled that the detainees had rights, since the naval base was functionally considered American territory, Congress quickly passed the Military Commissions Act. (Here is the White House Fact Sheet on the Act citation: This act strips courts of the jurisdiction to hear detainees' habeas corpus cases.

This is what is before the Supreme Court today...the fundamental essence of due process.

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