Sunday, June 15, 2008

Habeaus Corpus and other meaningless Latin terms

Habeaus Corpus-(Latin) "you have the body" Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. …
In Brown v. Vasquez, 952 F.2d 1164, 1166 (9th Cir. 1991), cert. denied, 112 S.Ct. 1778 (1992), the court observed that the Supreme Court has "recognized the fact that`[t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.' Harris v. Nelson, 394 U.S. 286, 290-91 (1969). " Therefore, the writ must be "administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected." Harris, 394 U.S. at 291.


In the Supreme Court ruling regarding Guantamo Detainees, the detainees have the right to file writ of habeas corpus as a counterbalance to the current administrations attempt to limit individual freedoms.

Per the Authorization for Use of Military Force Against Terrorists , congress empowered the President:
“to use all necessary and appropriate force
against those . . . he determines planned, authorized, committed, or
aided the terrorist attacks . . . on September 11, 2001.”


Nearly 7 years after the September 11 attacks, they continue to bring in new detainees, nameless souls from countless countries and we do not know who they are or what connection they have with September 11. Detained under the guise of the “War on Terror”, a war with no real objective or plausible end they will be held indefinitely for the rest of their lives.

Where is the proof of their involvement with September 11, and can we trust the government when it says that they are terrorist.

Moreover, how long before the citizens of this country are classified as “Terrorist”, enemy combatants, and held without trial? Oh that is right, it is has already happenned with Jose Padilla and who knows how many others.

Jose Padilla was detained for years with no charges against him and he was tortured to the point that when his criminal trial finally commenced he was mentally unfit to stand trial. Padilla was sentenced to 17 years and 4 months after 5 years of detention, for conspirring to murder, kidnap and maim people overseas. Isn't that what our government is doing.

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