Habeas What??? September 20, 2006
Posted by changenickel in Bush Bashing, On My High Horse.trackback
I am not a lawyer nor do I play one on TV. However I am concerned about maintaining our civil liberties. It is my belief that these liberties must not be compromised in the face of foreign or domestic threats. One headline that hit the airwaves yesterday was the finding by a Canadian inquiry board that determined Maher Arar, a Canadian citizen was innocent of any terrorist activities. Let me fill you in here. This man was kidnapped (I can’t think of a better word) and questioned by US officials while at the JFK airport. Then rendered to Syria of all places (aka extraordinary rendition) where he was interrogated and tortured. He remained imprisoned for over a year. He was not able to see his family or seek council. What the fuck?!!
One of our fundamental liberties (and I believe inalienable rights) is the right to habeas corpus. Basically, it’s the right of the accused to know what the hell he’s been thrown in jail for! It’s another one of those Magna Carta things from back in the 13th century which we happened to adopt in our Constitution. The current CIA program which has been detaining people at Guantanamo and other locations around the world seem to be sidestepping this fundamental right. Current legislation which would amend the CIA program still does not deal with habeus. I do not believe that we can continue to ignore the fact that we are keeping people in jail indefinitely without so much as a reason why. This seems to fly smack in the face of what our Constitution is all about. It is not just for some and suspended for others. I believe this is a direct violation of the rule of law which is a cornerstone of how we govern and are governed. How do we as a nation propose to lead the world in these tumultuous times and set the example if we can not follow our own laws? And if we can not follow our own laws then why should any other nation follow their laws. The war on terror is but one moment in time in our long history of conflict. We can not enact laws that violate our Constitution for simple convenience in dealing with this current threat. Our Constitution is a living document that must maintain it’s integrity.







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