Senate bars bill to restore detainee rights [habeas corpus]
By Susan Cornwell
09/19/07 "Reuters" -- - The Senate voted on Wednesday against considering a measure to give Guantanamo detainees and other foreigners the right to challenge their detention in the U.S. courts.
The legislation needed 60 votes to be considered by lawmakers in the Senate, narrowly controlled by Democrats; it received only 56, with 43 voting against the effort to roll back a key element of President George W. Bush's war on terrorism.
( Click here below to see how they voted
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The measure would have granted foreign terrorism suspects the right of habeas corpus, Latin for "you have the body," which prevents the government from locking people up without review by a court.
Congress last year eliminated this right for non-U.S. citizens labeled "enemy combatants" by the government. The Bush administration said this was necessary to prevent them from being set free and attacking Americans.
The move affected about 340 suspected al Qaeda and Taliban captives held at the Guantanamo Bay naval base in Cuba. It also affects millions of permanent legal residents of the United States who are not U.S. citizens, said one of the sponsors of the bipartisan measure, Democratic Sen. Patrick Leahy of Vermont.
"Any of these people could be detained forever without the ability to challenge their detention in federal court" under the changes in law Congress made last year, Leahy said on the Senate floor. This was true "even if they (authorities) made a mistake and picked up the wrong person."
"This was a mistake the last Congress and the (Bush) administration made, based on fear," Leahy said.
But Sen. Lindsey Graham, a South Carolina Republican opposing the measure, said lawmakers should not allow "some of the most brutal vicious people in the world to bring lawsuits against their own (U.S.) troops" who had picked up the detainees on the battlefield.
Giving habeas corpus to Guantanamo detainees would "really intrude into the military's ability to manage this war," Graham said, adding that it was "something that has never been granted to any other prisoner in any other war."
"Our judges don't have the military background to make decisions as to who the enemy is," Graham told the Senate.
Congress eliminated habeas rights as part of the Military Commissions Act, which also created new military tribunals to try the Guantanamo prisoners on war crimes charges.
Congress was led by Republicans when the act was rushed through, shortly before new elections put Democrats in control.
Sen. Arlen Specter, another sponsor of the bill and a Pennsylvania Republican, noted that the right to habeas corpus was a protection against arbitrary arrest enshrined in the U.S. Constitution and dating back to the English Magna Carta of 1215.
Later this year, the U.S. Supreme Court is expected to hear arguments from lawyers from Guantanamo prisoners challenging the law to eliminate the habeas right.
Copyright © 2007 Reuters Limited.
http://www.informationclearinghouse.info/article18422.htm
** http://restore-habeas.org/whip/total.php
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"When BBC correspondent Alan Johnston was being held hostage by the Palestinian Army of Islam, Sami issued a plea asking them to let his fellow journalist go without conditions. It was broadcast by Sami's Al Jazeera employers, in the hope that the kidnappers would be watching the Arabic news channel. I wonder how to contact Alan Johnston now, to see if he can return the favour. The western media has been too slow to come to Sami's aid. I am not sure why."
Clive Stafford Smith (Sami Haj's Anglo-American solicitor based in London)
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Journalists are entrusted with a huge duty to the people they serve. They are supposed to show what is happening in the most objective way possible. In order to do this, sometimes they have to risk going to some of the most dangerous areas of the world and dealing with some of the most unsavory people when they get there. They should be respected and applauded, not jailed, for providing this service.
Alan Johnston, a BBC journalist, was captured and held by Muslim extremists for 114 days earlier this year. There were worldwide calls for his release from corporate media groups, human rights organizations, and even Hamas, a Palestinian resistance movement. When Hamas gunmen escorted Johnston to safety, the world celebrated a victory for the freedom of journalists to operate in even the most hostile areas, and rightfully so.
If only the rest of the world cared as much about Sami al-Hajj as they did about Johnston.
http://media.www.dailycampus.com.
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The other disturbing piece of Al-Hajj's story is that he was carrying legitimate press credentials at the time of his capture. In order to ensure the most objective and responsible reporting possible, journalists must be allowed to operate throughout the world, anywhere they deem necessary to get the story right. Al-Hajj was doing just this. Instead of accepting the American press release version of the victory in Afghanistan, Al-Hajj wanted to show the reality on the ground to all of Al-Jazeera's many viewers.
Unfortunately, Al-Hajj never got his story and probably won't ever get another one. If he ever makes it out of Guantanamo alive, Al-Hajj has vowed to give up journalism because he wants to be able to watch his son grow up. The U.S. should afford him this very opportunity, by releasing him immediately.
http://media.www.dailycampus.com/
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Reporters Without Borders established a system of sponsorship 16 years ago in which international media are encouraged to adopt imprisoned journalists. More than 200 news organisations, journalists' associations, press clubs and other entities throughout the world are currently supporting journalists by regularly calling on the authorities to release them and by publicising their cases.
Al-Haj has been adopted by four Spanish media organisations - La Sexta, IPS-Comunica, La Voz del Occidente and Colexio de Xornalistas de Galicia - and six Canadian ones - Corriere Canadese, Atlas media, Magazine de Saint-Lambert, Mouton Noir, CIBL and Radio Canada Sudbury.
http://www.prisoner345.net/press/us-government-urged-free-detained-al-jazeera-cameraman-ramadan-gesture