Thursday, April 22, 2010

Court grants habeas corpus to prisoners

This really should be a no-brainer: you can't break the law to enforce the law. When you try, you end up fighting yourself.

So it's no surprise that the courts are siding with the prisoners in these cases, since our military and intelligence community have disregarded the law in detaining and interrogating them.

For those (like me) who slept through high school civics, a writ of Habeas Corpus is essentially legal proof that an authority (e.g., the police) has the right to detain someone. The idea is that anyone can demand such a writ, and this places the burden of proof on the detaining authority rather than on the prisoner. It's similar to the "innocent until proven guilty" principle.

8 comments:

  1. Hey did you guys miss it? The navy seals who were accused of abusing a prisoner were found innocent of all charges after only a short two hour deliberation. The prisoner was the ones who burned and hung americans from the bridge early in the war.

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  2. I assume you are reffering to this story: Military Jury Clears Navy SEAL in Terrorist Abuse Case in Iraq

    From what I can glean, the issue is that the prisoner said he was beaten, the SEALS said they didn't and there was little evidence that they did and that was good enough for a jury to clear them (or one of them if I am reading correctly.) I don't think it is a case of missing the story, but rather that this blog is concerned about clear cases of torture that are given a free pass under consequentialist excuses. I, and imagine most of the members here believe that our servicemen in general conduct themselves honorably and certainly don't take the position that accusation=guilty.

    Now, I suppose one could make the case that the SEALs should not have been under a trial based on very little evidence. There might be some merit to that, but I haven't studied the details.

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  3. RE: SEALS

    "The navy seals who were accused of abusing a prisoner were found innocent of all charges after only a short two hour deliberation. The prisoner was the ones who burned and hung americans from the bridge early in the war."

    No. Only one SEAL has had the charges against him dismissed. Two more face Court Martial.

    There is no hard evidence to link the allegedly beaten prisoner to the tragic deaths of four American contractors.

    This is very much an internal Navy Special Operations matter. The accuser of the three charged Navy SEALS is himself a SEAL.

    My guess is that it will take a while for the real story to get out.

    God bless

    Richard W Comerford

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  4. "There is no hard evidence to link the allegedly beaten prisoner to the tragic deaths of four American contractors."

    So we have an allegedly "beaten" prisoner because there is no hard evidence. Has that person been released? Does Richard know what evidence they have to go after him? As I understand it he had a bloody lip which the seals say came during the arrest.

    But then Richard talks about "the tragic deaths of four American contractors" as if they were involved in a traffic accident. We have hard evidence that these men were indeed beaten, bodies dragged through the streets, set of fire, and hung from a bridge. They is not a tragic death, but a terrorist act on Americans in its most horrible form other than maybe when they torture and then behead a prisoner. Richard has obvious bias as do most on this putrid site. Just thought I would post one small thing which I knew would rile up the pukes here who hate our country and its military.

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  5. The accuser of the three charged Navy SEALS is himself a SEAL.

    That's a detail I missed. While I didn't serve, my grandfather and father were Navy men and I quickly learned the solidarity between military men which I imagine is even stronger among the special forces. For one to go out of that and accuse is pretty serious stuff. It certainly begs for more detail.

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  6. Mr. romishgraffiti

    "For one to go out of that and accuse is pretty serious stuff. It certainly begs for more detail."

    Back in the Dark Ages I served as a combat diver in Army Special Forces. This put us in contact with Navy SEALS. Both organizations had their internal feuds. But the SEALS were almost as closed mouth as we were. For this matter to even see the light of day means, in my opinion, that some Admiral is trying to make a point (or get promoted).

    Thank God one of the three accused SEALS has gotten a walk. This can only bode well for the remaining two.

    God bless

    Richard W Comerford

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  7. Ms. Greta:

    "So we have an allegedly "beaten" prisoner because there is no hard evidence."

    No. The US government has failed to provide evidence linking the allegedly beaten prisoner to the tragic deaths of 4-American contractors.

    "We have hard evidence that these men were indeed beaten, bodies dragged through the streets, set of fire, and hung from a bridge."

    No one is disputing that on 31 March 2004 a convoy carrying kitchen equipment became lost (or was deliberately misdirected) in Falluja, Iraq; was ambushed and that the 4-American security contractors were killed and their bodies desecrated. Six years on no one has explained why a convoy carrying kitchen equipment entered a known enemy stronghold or why the security contractors were so few in number, poorly equipped and lightly armed.

    "Richard has obvious bias as do most on this putrid site."

    My guess is that I was jumping out of airplanes for the US Army before you were born. I have happily gone into harms way for the USA.

    God bless

    Richard W Comerford

    ReplyDelete