Quote:
|
Originally Posted by nezmot
The thing is Ustwo, is that the whole Gulag stamp has been placed on the camp because these people have been held, without charge, for over 4 years now. No court. No judicial process. The US has taken these people's liberties. *That's* why it's being called a gulag. And that should be enough. That in itself is illegal. That alone should be enough for the camp to be closed down.
|
They have been found in violation of articles of war as International law and ratified congressional law. As such they are subject to military custody, that would equate to their judicial process, as stated in the 5th amendment...
Quote:
|
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
|
Quote:
But no, you have to see bloody torture and crippling persecution before you will accept that these people are being held illegally. Is that what you're trying to tell us?
I'm glad that they have been treated with some level of respect and dignity - but I am absolutely sickened that we have been able to remove these people's freedoms without any form of due process. How does that look to the rest of the world? Does it make America look like the land of the free?
A gulag is still a gulag, no matter how nice you are to its inmates. And I thank you for pointing that out so effectively.
|
In short I think you are misrepresenting at least in a true legal capacity what the 5th amendment of due process really is.
On top of that they are allowed council and the Red Cross has access to them as is required by the only important law in this case, American law. Also the same American Law I speak has until this point upheld the "gulags" as passed on in such decisions as Rasul V. Bush or Hamdi v Rumsfeld; the detentions are legal so long as they are charged and are put through the tribunals.