Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Saturday, February 24, 2007

America's Phony Right To Detain

Ref Before someone can be punished with detention, the government must give people a chance to challenge that prospecitve or continuing punishment.

Americans do the opposite: Imposing punishment of detention; then arguing, because someone is in detention, they cannot be allowed to challenge that punishment.

Americans do not have the unchallenged right to detain. They have the requirement to be civilized.

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Americans absurdly argue someone being detained cannot challenge their detention.

Others take a different view: Until people can challenge their detention, they may not be detained. Ref

Ref Canada legislature disagrees -- refuses to renew.

Ref Canadian Judiciary strikes down illegal law.

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The arrogant DoJ Staff likes to pretend that the courts have no legal power to review conduct, hiding those illegalities. Sustained American combat losses belie the contention prisoner abuse produces valuable intelligence.

American court should ban all detentions until prisoners can challenge their detention. Without permitting challenges the US government has no legal authority to detain.

Tools have been abused. Rights have been violated. Innocents, non-charged, have been denied their right to challenge this abuse.

Congress compounded the problem. It rewrote the laws codifying what remains a violation of the Supreme Law.

Keeping people in prison without prospect of release or review is abuse. It is irrelevant, secondary, and speculative that they might be abused if released. The abuse has been impermissibly let to continue.

Comparative law permits other nations to ask what they would do. Nations can do more than disagree. They can set an example.

It is wrong, immoral, and against the Geneva Conventions to detaining people without a chance to challenge their detention. It shifts the burden to the innocent. The burden should be on the government to justify before detaining the punishment.

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America's government has assented to abuse. Detaining people indefinitely is punishment. Yet, the Americans have had no trials. The prisoners might be guilty. If so, the Americans motives are questionable. Real criminals with lawful convictions would have been paraded before the world community. Americans could point to evidence, then justify their punishment.

Where there is no evidence or trial, the punishment is more than unjust. It is a war crime.

Americans invoke secrecy. They do this to hide. Americans do not want the world to know there is no evidence. Americans have imposed punishment without a fair trial.

Justice means giving people the chance to be heard. It is unjust to try people for crimes using evidence they cannot see. The world, when it sees trials without evidence, cannot see justice.

It is not appropriate for America's illegal abuse of power to be the standard other nations must match. Other nations have the right to refuse to cooperate. They have a requirement to not enable war criminals and human rights abuses.