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Detaining people without lawyers or trials seems unusual.

 
 
pistoff
 
Reply Fri 13 Feb, 2004 08:17 pm
MIAMI (Reuters) -

Defense Secretary Donald Rumsfeld said on Friday interrogations of the hundreds of foreign terrorism suspects held in Guantanamo Bay, Cuba, had yielded vital information and he defended their indefinite detention.

Rumsfeld also said the United States will create a board to review each year the cases of prisoners held at the remote U.S. naval base to consider whether they can be released or must be held further as a threat to U.S. security.

Speaking to a business group in Miami, Rumsfeld called the continued detention of the roughly 650 Guantanamo prisoners without charges or access to lawyers a "security necessity, and I might add it is also just plain common sense."

"I recognize that in our society the idea of detaining people without lawyers seems unusual, detaining people without trials seems unusual. After all, our country stands for freedom and it stands for the protection of rights," Rumsfeld said.

more.............

http://reuters.com/newsArticle.jhtml

* Uh it seems unconstitutional to me.
Guess they could keep these people in prison for next 50 years if they base it on no more terrorism.
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Joe Nation
 
  1  
Reply Fri 13 Feb, 2004 08:28 pm
seems unusual.........

........how about "is against every principal this nation is founded on."


How about a little less common sense and a little more common decency? Where are the Christians protesting this inhuman, immoral, illegal and undemocratic behavior? Is everyone that afraid of the terrorists that we would sacrifice the very fibers of our culture?? Shame.

Shame on us. Oh yes, shame on the terrorists for being murderers, but shame on us for not really believing in the our system of justice. It's is justice we seek, right? Or is it really vengeance? Guantanamo will be remembered and shared around tables for generations unless we as a free people tell our government to treat these captives with justice.


Joe
0 Replies
 
pistoff
 
  1  
Reply Fri 13 Feb, 2004 08:34 pm
Honesty
Most Americans don't give a damn about those prisoners. Most Americans don't believe in actual Democracy either.Hell, half of them don't even vote or care about politics or anything except their own lives. If America turned into a full fledged Right Wing Dicatorship most Americans wouldn't care as long as their lives weren't disrupted and they had jobs.
0 Replies
 
McGentrix
 
  1  
Reply Sat 14 Feb, 2004 07:27 am
If denying rights to someone who was trying to kill Americans, will save other Americans, I am all for it.
0 Replies
 
Walter Hinteler
 
  1  
Reply Sat 14 Feb, 2004 09:35 am
McGentrix wrote:
If denying rights to someone who was trying to kill Americans, will save other Americans, I am all for it.


At least, this is the first time -as far as I could notice- that you acknowledge, these detainees have some rights.
0 Replies
 
McTag
 
  1  
Reply Sat 14 Feb, 2004 10:23 am
McGentrix wrote:
If denying rights to someone who was trying to kill Americans, will save other Americans, I am all for it.


Actually I believe it has not been possible to bring any credible charges against any of the Guantanamo Bay detainees.
If it had been possible, we would have heard about it.
So my conclusion is that this is a huge embarrassment for Rumsfeld and the Bush administration (I mean in the legal sense, given that Rumsfeld seems incapable of any such feeling) as they can see no exit.

Cannot charge them; no charges to bring.
Cannot let them go; would expose the whole farce as a damaging, pointless waste of money.

That's quite a hole you've dug for yourself, Rummy.
0 Replies
 
dlowan
 
  1  
Reply Sat 14 Feb, 2004 03:38 pm
Hmmm - McGentrix - Americans have tied to kill a lot of people. I assume you also believe Americans should be accorded no rights if captured by those they were trying to kill?

Actually, David Hicks, one of the two Australians held in Guantanamo, seems close to trial. he has lawyers now - though they are being held to some ridiculous conditions, which the American lawyer is challenging, I believe.

He will be tried in an American military court, since the Australian government has waived attempts to try him, and the other fella here, claiming we did not have adequate laws, at the time of the alleged offences, to try them here.

I presume this means that, at the time the alleged offences were committed, they were not illegal under Australian law. An interesting position to take then, no?

I think Hicks' trial will take place fairly soon.
0 Replies
 
Acquiunk
 
  1  
Reply Sat 14 Feb, 2004 03:49 pm
To call what is being proposed a trial is, to put it gently a misnomer. A farce would be a more appropriate term. Nothing this outrageous has been done by this country since the internment of citizens of Japanese ancestry in the Second World War. And we are still trying to live that down.
0 Replies
 
pistoff
 
  1  
Reply Sat 14 Feb, 2004 04:24 pm
Media
On TV I saw a half minute of the "detainees", aka political prisoners. They were playing soccer. This is Pentagon and USA Media co-operation in full swing.
0 Replies
 
dlowan
 
  1  
Reply Sat 14 Feb, 2004 06:10 pm
At least reports say that Hicks, at least, is ok.

But, I fully agree, Acquiunk.

And my government has given me yet another reason to be ashamed of being Australian.
0 Replies
 
Tantor
 
  1  
Reply Sat 14 Feb, 2004 08:15 pm
The Gitmo captives have no rights. It's amusing to read the assumption by the posters on this thread that you can acquire the constitutional rights of an American citizen by killing Americans overseas. It's a perverse assumption.

The fact is that the Gitmo captives are being treated in accordance with the Geneva convention and international law. First, the Taliban government of Afghanistan was not considered the legal government of Afghanistan by the UN, having deposed the previous government by force. The UN recognized the Northern Alliance as the legitimate government. Furthermore, the Taliban Islamic theocracy was not a party to the Geneva Convention nor made any effort to become so. In their view, all laws but Koranic law are illegitimate.

However, let's ignore all that and assume that the Taliban is covered by the Geneva Convention. For the provisions of the GC to apply, the combatants must identify themselves as combatants with easily seen badges or insignia. Of course, the Taliban combatants did no such thing, preferring to dress as civilians and pose as civilians when it was to their benefit. They have no rights as combatants.

However, let's ignore all that and assume that they identified themselves as combatants. The idea that POWs deserve lawyers is nonsense. Domestic US law does not apply to prisoners of war. That's why there is a Geneva Convention and international laws of warfare. POWs are outside the domain of the law that applies to US citizens. If you might recall, our soldiers captured by the Germans in WWII had no right to a lawyer to argue their case. There is no such law.

Likewise, the idea that there is some set term of imprisonment for these captives is wrong. According to the Geneva Convention, the POWs will be freed when their leadership declares an end to hostilities. Unfortunately for the captives, the leadership of Al Qaeda declares there should be no end to their religious war against America until the black flag of Islam flies over Washington. It is in accordance with international law that they spend the rest of their days in prison.

The United States is springing some Gitmo captives which it deems to be no threat. That's a generous policy it is under no obligation to do. Those who remain a threat should be imprisoned until they are too old to harm America.

To illustrate the kind of captives at Gitmo, consider the case of Half Dead Bob. Half Dead Bob was a Taliban fighter who weighed under 100 pounds when captured. He was sick and near death. He was fed at Gitmo and treated by doctors. He put on weight and recovered his health. He told an American general who was interrogating him that he had been treated well, that he knew that the general was a good man, but that if he was released that he would kill him because he was not a Muslim.

That's the reality of Gitmo. We should never release these murderous religious zealots to do harm to Americans again. The law does not compel us to spring them. We should not let them go.

Tantor
Editor For Life
Conservative Propaganda
Edit (Moderator): Please do not employ links or images in signature lines
0 Replies
 
hobitbob
 
  1  
Reply Sat 14 Feb, 2004 08:27 pm
Tantor wrote:
The Gitmo captives have no rights. It's amusing to read the assumption by the posters on this thread that you can acquire the constitutional rights of an American citizen by killing Americans overseas. It's a perverse assumption.

If one is held on US soil (as a military installation technically is) one is entitled to the rights one would have living in the US.

Quote:
The fact is that the Gitmo captives are being treated in accordance with the Geneva convention and international law. First, the Taliban government of Afghanistan was not considered the legal government of Afghanistan by the UN, having deposed the previous government by force. The UN recognized the Northern Alliance as the legitimate government. Furthermore, the Taliban Islamic theocracy was not a party to the Geneva Convention nor made any effort to become so. In their view, all laws but Koranic law are illegitimate.

The Geneva convention does not require all members of a conflict to be signatories for it to be in effect. The US is a signatory, therefore ignoring the provisions is a crime under international law.

Quote:
However, let's ignore all that and assume that the Taliban is covered by the Geneva Convention. For the provisions of the GC to apply, the combatants must identify themselves as combatants with easily seen badges or insignia. Of course, the Taliban combatants did no such thing, preferring to dress as civilians and pose as civilians when it was to their benefit. They have no rights as combatants.

Indeed, one could argue that they are civilians held illegally as hostages by the US.

Quote:
However, let's ignore all that and assume that they identified themselves as combatants. The idea that POWs deserve lawyers is nonsense. Domestic US law does not apply to prisoners of war. That's why there is a Geneva Convention and international laws of warfare. POWs are outside the domain of the law that applies to US citizens. If you might recall, our soldiers captured by the Germans in WWII had no right to a lawyer to argue their case. There is no such law.

True, but they are not classified as POWs, and therefore exist tenuously outside if the realm of POW law, as stated in the Geneva Conventions.

Quote:
Likewise, the idea that there is some set term of imprisonment for these captives is wrong. According to the Geneva Convention, the POWs will be freed when their leadership declares an end to hostilities. Unfortunately for the captives, the leadership of Al Qaeda declares there should be no end to their religious war against America until the black flag of Islam flies over Washington. It is in accordance with international law that they spend the rest of their days in prison.

Again, your argument is specious, since they are being held illegally, not as POWs, but to humour you, the government of the country where they were captured, the Taliban, collapsed, and is therefore no longer engaged in hostilities. This should lead, by your reasoning, to the prisoners' release.
Oh, just for your information, most Islamic flags are green. Green is sacred to Islamic theology.

Quote:
The United States is springing some Gitmo captives which it deems to be no threat. That's a generous policy it is under no obligation to do. Those who remain a threat should be imprisoned until they are too old to harm America.

I am always amused at how those who claim to be "patriots" and love "freedom" so frequently parrot the slogans of totalitarianism. This is yet another example.

Quote:
To illustrate the kind of captives at Gitmo, consider the case of Half Dead Bob. Half Dead Bob was a Taliban fighter who weighed under 100 pounds when captured. He was sick and near death. He was fed at Gitmo and treated by doctors. He put on weight and recovered his health. He told an American general who was interrogating him that he had been treated well, that he knew that the general was a good man, but that if he was released that he would kill him because he was not a Muslim.

Imprisoning someone because of ideology is about as far from the ideals this nation was founded on as one can get. You really aren't much of a patriot, are you?

Quote:
That's the reality of Gitmo. We should never release these murderous religious zealots to do harm to Americans again. The law does not compel us to spring them. We should not let them go.

Tantor
Editor For Life
Conservative Propaganda
www conpro blogspot com

Again, a concise statement of totalitarian ideology.
0 Replies
 
Acquiunk
 
  1  
Reply Sat 14 Feb, 2004 09:41 pm
Tantors argument conveniently left out the half dozen or so teenages that are being held at "Gitmo". Although I understand the Army was intending to provide video games.
0 Replies
 
Tantor
 
  1  
Reply Sat 14 Feb, 2004 11:27 pm
hobitbob wrote:
If one is held on US soil (as a military installation technically is) one is entitled to the rights one would have living in the US.


Nice try. Guantanamo is not US soil. It's Cuban. We have an agreement to lease it from Cuba for 99 years.

However, I am always amused to see lefty civilians who never got closer to the military than watching reruns of Gomer Pyle trying to explain technical details of the military. It's something like watching a chimp smoke a cigar or a bear ride a bicycle. It's not that they do it well, it's just amazing that they're doing it at all.


hobitbob wrote:
The Geneva convention does not require all members of a conflict to be signatories for it to be in effect. The US is a signatory, therefore ignoring the provisions is a crime under international law.


Rejecting treates like the Geneva Convention certainly does demonstrate that the Taliban had no intentions of abiding by it. However, we have complied with the Geneva Convention perfectly. I challenge you to cite an instance where we have not.

However, let's ignore all that and assume that the Taliban is covered by the Geneva Convention. For the provisions of the GC to apply, the combatants must identify themselves as combatants with easily seen badges or insignia. Of course, the Taliban combatants did no such thing, preferring to dress as civilians and pose as civilians when it was to their benefit. They have no rights as combatants
Quote:
Indeed, one could argue that they are civilians held illegally as hostages by the US.


What a dishonest argument. The Taliban dress as civilians, shoot at our guys, declare war on our guys, but you think they should be considered as civilian noncombatants. You are really showing desperation here.

Quote:
True, but they (Gitmo captives) are not classified as POWs, and therefore exist tenuously outside if the realm of POW law, as stated in the Geneva Conventions.


You're catching on. They have placed themselves outside the domain of the Geneva Convention and they are also outside the domain of domestic US law. You fallaciously imply that being outside the domain of the Geneva Convention places you in the domain of domestic US law. That's a foolish argument.

Likewise, the idea that there is some set term of imprisonment for these captives is wrong. According to the Geneva Convention, the POWs will be freed when their leadership declares an end to hostilities. Unfortunately for the captives, the leadership of Al Qaeda declares there should be no end to their religious war against America until the black flag of Islam flies over Washington. It is in accordance with international law that they spend the rest of their days in prison.[/quote]

Quote:
Again, your argument is specious, since they are being held illegally, not as POWs, but to humour you, the government of the country where they were captured, the Taliban, collapsed, and is therefore no longer engaged in hostilities. This should lead, by your reasoning, to the prisoners' release.


There is no law regarding the captivity of terrorists on foreign soil who have attacked American forces. Therefore, since there is no law covering their captivity, such captivity can not violate any law. I challenge you to cite the law that covers them.

The Taliban never surrendered, still exist, are regrouping to make new attacks, and in fact making attacks on various civilian contractors and NGO workers in Afghanistan. Our special forces are still sporadically engaged with them, mostly in the mountainous region bordering Pakistan. You need to read the newspaper and bone up on current events.

Very few of the Gitmo captives are Afghan. They are mostly Al Qaeda combatants from a couple dozen foreign countries, mostly Saudi Arabia. They are not Talib but Al Qaeda, which vows eternal war against infidels.

Quote:
Oh, just for your information, most Islamic flags are green. Green is sacred to Islamic theology.


In the literature of and press releases from Al Qaeda and related Islamist fundamentalist groups, they boast of raising the "black flag" of Islam over Washington. I am quoting them verbatim. You could educate yourself on this topic by reading their literature so you don't make foolish "corrections" like this.

Quote:
Imprisoning someone because of ideology is about as far from the ideals this nation was founded on as one can get. You really aren't much of a patriot, are you?


Nice try at trying to obfuscate the issue. Half Dead Bob is not in Gitmo because our forces picked him off the street corner for having anti-American feelings. He's in Gitmo because he was a combatant in Afghanistan trying to kill Americans. His virulent statement of implacable hostility demonstrates that if released he would return to attacking America. Why do you make excuses to release him?


Tantor
Editor For Life
Conservative Propaganda
Edit (Moderator): Please do not employ links or images in signature lines[/quote]
Again, a concise statement of totalitarian ideology.[/quote]
0 Replies
 
Tantor
 
  1  
Reply Sat 14 Feb, 2004 11:34 pm
Acquiunk wrote:
Tantors argument conveniently left out the half dozen or so teenages that are being held at "Gitmo". Although I understand the Army was intending to provide video games.


In one case, a teenaged combatant played dead and then killed a US special forces soldier. That he made it alive to Gitmo shows the utmost forebearance and mercy of our troops and nation. He is being considered for release.

In an article this week in the Washington Post, one of the Afghan teenagers just released from Gitmo says it wasn't all that bad. He and three others slept in a house, not a cell. They were given Korans and allowed to pray. They had tutors who taught them to read, something that would not have happenned back in Afghanistan. In fact, he was bragging to his family and village that he could read.

The fact is that the teenagers in Gitmo are living in separate quarters from the hard cases in what amounts to minimum security. Their life is much better in many ways than what it would be back home.

Tantor
Editor For Life
Conservative Propaganda
Edit (Moderator): Please do not employ links or images in signature lines
0 Replies
 
hobitbob
 
  1  
Reply Sun 15 Feb, 2004 12:24 am
Tantor wrote:


Nice try. Guantanamo is not US soil. It's Cuban. We have an agreement to lease it from Cuba for 99 years.

For someone who claims a background as an air force officer, you seem to know little about US Military installations overseas.


Quote:
However, I am always amused to see lefty civilians who never got closer to the military than watching reruns of Gomer Pyle trying to explain technical details of the military. It's something like watching a chimp smoke a cigar or a bear ride a bicycle. It's not that they do it well, it's just amazing that they're doing it at all.

Again, you are doing a wonderful job of looking silly. I spent six years on active duty and four years in the guard. Comments like the one above don't aid your credibility.



Quote:
Rejecting treates like the Geneva Convention certainly does demonstrate that the Taliban had no intentions of abiding by it. However, we have complied with the Geneva Convention perfectly. I challenge you to cite an instance where we have not.

Do you mean other than by denying the prisonsers at Guantanamo the status of POW?

Quote:
However, let's ignore all that and assume that the Taliban is covered by the Geneva Convention. For the provisions of the GC to apply, the combatants must identify themselves as combatants with easily seen badges or insignia. Of course, the Taliban combatants did no such thing, preferring to dress as civilians and pose as civilians when it was to their benefit. They have no rights as combatants

If they are not combatants, then they are being held illegally. Whether or not the Taliban was a signatory of the Geneva Conventions, the US was. We are obligated to abide by those terms.

Quote:
What a dishonest argument. The Taliban dress as civilians, shoot at our guys, declare war on our guys, but you think they should be considered as civilian noncombatants. You are really showing desperation here.

No, you are setting up a strawman. I said no such thing. I said that they are being held illegally.

Quote:
You're catching on. They have placed themselves outside the domain of the Geneva Convention and they are also outside the domain of domestic US law. You fallaciously imply that being outside the domain of the Geneva Convention places you in the domain of domestic US law. That's a foolish argument.

Again, you are attempting to set up a strawman. They can nopt be outside of Geneva convention rules, since their captor, the US is a signatory to the conventions. Their imprisonment at a US facility makes them subject to US law.



Quote:
There is no law regarding the captivity of terrorists on foreign soil who have attacked American forces. Therefore, since there is no law covering their captivity, such captivity can not violate any law. I challenge you to cite the law that covers them.

The laws of land warfare, which is part of the Geneva Conventions. In addition, international human rights treaties assure fair treatment of individuals captured in wartime.

Quote:
The Taliban never surrendered, still exist, are regrouping to make new attacks, and in fact making attacks on various civilian contractors and NGO workers in Afghanistan. Our special forces are still sporadically engaged with them, mostly in the mountainous region bordering Pakistan. You need to read the newspaper and bone up on current events.

I never said they were not. I said that they are no longer the government in charge of Afghanistan. Another attempt at a strawman.

Quote:
Very few of the Gitmo captives are Afghan. They are mostly Al Qaeda combatants from a couple dozen foreign countries, mostly Saudi Arabia. They are not Talib but Al Qaeda, which vows eternal war against infidels.

No list of prisoners has ever been released. Therefore no one knows who they are.


Quote:
In the literature of and press releases from Al Qaeda and related Islamist fundamentalist groups, they boast of raising the "black flag" of Islam over Washington. I am quoting them verbatim. You could educate yourself on this topic by reading their literature so you don't make foolish "corrections" like this.

Aside from having medieval Islam as one of my minor fields, I also spent the first eleven years of my life in the NEar East and South Asia. I have also visited the Near East frequently during my adult life. I speak, read, an write Arabic. I might perhaps know what I'm talking about. I think you are confused with the phrase "black flag of war."


Quote:
Nice try at trying to obfuscate the issue. Half Dead Bob is not in Gitmo because our forces picked him off the street corner for having anti-American feelings. He's in Gitmo because he was a combatant in Afghanistan trying to kill Americans. His virulent statement of implacable hostility demonstrates that if released he would return to attacking America. Why do you make excuses to release him?


Tantor
Editor For Life
Conservative Propaganda
www conpro blogspot com

[/quote]
Because imprisoning him without trial, for his opinions is the behaviour of a totalitarian government. Occaisionally sercurity must bow to freedom. That was what I have always thought the US stood for. Obviously you do not hold this belief system.
0 Replies
 
pistoff
 
  1  
Reply Sun 15 Feb, 2004 02:18 am
Right Wing Neo Fascists
Obviously Neo Fascists don't believe in Democracy.

"What a dishonest argument. The Taliban dress as civilians, shoot at our guys, declare war on our guys, but you think they should be considered as civilian noncombatants."

The USA declared war on the Taliban and invaded their country. Now the USA does what it wants, like other rouge nations that do not adhere to Intl. Law. The Govt. of the USA is Neo Fascist and criminal.
0 Replies
 
McTag
 
  1  
Reply Sun 15 Feb, 2004 02:19 am
At least one of the detainees at Guantanamo Bay was very far from being a Taliban fighter. He was a British (muslim) tourist. He was picked up in Iraq, not Afghanistan, and was detained for many months, but has now been released to continue his university studies.

The whole Guantanamo Bay debacle has been a major public relations disaster for the USA, in the eyes of the world community, irrespective of how it has played at home.
And, since all the detainees seem to be young, I suspect that the amount of useful information coming from the interrogations is small indeed.
0 Replies
 
Acquiunk
 
  1  
Reply Sun 15 Feb, 2004 01:04 pm
Hobitbob, I think the black flag is traditionally the Shiite battle flag.
0 Replies
 
hobitbob
 
  1  
Reply Sun 15 Feb, 2004 01:39 pm
Indeed. The "flag of war." Interesting, since bin-Laden and al-Quaeda are Sunni, eh? Very Happy
0 Replies
 
 

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