الثلاثاء، 8 فبراير 2011

Guantanamo detainee dies in custody

My post earlier this week "Guantanamo detainee dies in custody" has elicited a vigorous and heated interchange in the comments section.  I typically leave comment debates alone as long as they don't deteriorate into "ad hominem" personal attacks on each other, but one comment today deserves a rebuttal:
Constitutional right? He's a terrorist, NOT an American citizen, he has NO Constitutional rights.
That's wrong.   Ethically wrong - and Constitutionally wrong.  Here's a repost of a TYWKIWDBI post from one year ago:

Excerpts from Glenn Greenwald's column at Salon:
A 48-year-old Afghan citizen and Guantanamo detainee, Awal Gul, died on Tuesday of an apparent heart attack. Gul, a father of 18 children, had been kept in a cage by the U.S. for more than 9 years -- since late 2001 when he was abducted in Afghanistan -- without ever having been charged with a crime... This episode illustrates that the U.S. Government's detention policy -- still -- amounts to imposing life sentences on people without bothering to prove they did anything wrong.

Gul was imprisoned for 8 years without a shred of due process (outside of internal Bush Pentagon "administrative reviews") and finally had his Constitutional right to obtain habeas review affirmed by the Supreme Court in 2008. His habeas petition was fully submitted and orally argued almost a full year ago, yet even in the face of his prolonged, due-process-free imprisonment, the federal judge presiding over the case just never bothered to rule on his claims. There's a well-known legal maxim that "justice delayed is justice denied," but this goes well beyond merely violating that. Taking almost a full year -- at least -- to decide a habeas petition for someone who is languishing in indefinite detention for their ninth year is simply inexcusable...

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