Extrajudicial detention
Extrajudicial detention is the description applied to the holding of captives, by a state, without ever laying formal charges against them.[1][2][3][4]
Detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states.[1][2][3][4]
the writ of habeas corpus[edit]
In English speaking democracies, since the thirteenth Century signing of the Magna Carta, captives were able to call upon the writ of habeas corpus — literally "show the body", a legal procedure where the state was required to show that there was a meaningful, legal justification for their detention.
Detention without charge by democratic countries[edit]
In recent decades some democratic countries have introduced limited mechanisms where individuals can be detained without being charged or convicted of a crime.[5][6] See, for example, the Canadian Minister's Security Certificate.
The United States use of extrajudicial detention during the "war on terror"[edit]
During its "war on terror" the United States has made heavy use of heavy use of extrajudicial detention.[7][8] Less than two dozen of the captives held in the Guantanamo Bay detention camps ever faced charges. They faced charges before Guantanamo military commissions, which were not part of either the US civilian justice system, or the US military justice system.
References[edit]
- ↑ 1.0 1.1
Todd E. Pettys (2007). "State Habeas Relief for Federal Extrajudicial Detainees". Minnesota Law Review. Retrieved 2020-10-18.
The President’s aggressive prosecution of that campaign has led to the incarceration of hundreds of individuals, many of whom have not been formally charged with any crime and face seemingly indefinite extrajudicial detention—detention without the review, approval, or participation of any court.
- ↑ 2.0 2.1
James I. Walsh; James A. Piazza (2010). "Why Respecting Physical Integrity Rights Reduces Terrorism". Comparative Political Studies. 43 (5). doi:10.1177/0010414009356176. Retrieved 2020-10-18.
For example, our findings lend support to the contention that the American government’s violation of physical integrity rights—in the form of extrajudicial detention, the use of “harsh interrogation techniques” by American personnel, and the rendering of suspected terrorists to countries that torture them—is counterproductive.
- ↑ 3.0 3.1
Henry Frank Carey (August 2013). "The Domestic Politics of Protecting Human Rights in Counter-Terrorism: Poland's, Lithuania's, and Romania's Secret Detention Centers and Other East European Collaboration in Extraordinary Rendition". East European Politics and Societies and Cultures. 27 (3). doi:10.1177/0888325413480176. Retrieved 2020-10-18.
In March 2011, Abu Zubaydah’s sued Lithuania at the ECHR for his alleged extrajudicial detention, torture and ill-treatment at a secret prison in Lithuania, and other violations of the European Convention on Human Rights, including his extraordinary renditions to and from Lithuania prior to his eventual rendition to Guantánamo.
- ↑ 4.0 4.1
Trevor W. Morrison (2007-11-01). "Suspension and the Extrajudicial Constitution". Cornell Law Faculty Publications. Retrieved 2020-10-18.
This is evident from Justice Scalia's identification of the Due Process Clause as the principal constitutional barrier to extrajudicial detention of U.S. citizens.
- ↑
Frederick Zimmerman, ed. (2004). Basic documents about the treatment of the detainees at Guantánamo and Abu ... Nimble Books LLC. ISBN 9780975447901.
Hamdi argues that he is owed a meaningful and timely hearing at that "extrajudicial detention [that] begins and ends with the submission of an affidavit based on third-hand hearsay" does not comport with the Fifth and Fourteenth Amendments.
- ↑
Karen J. Greenberg. The Least Worst Place: How Guantanamo Became the World's Most Notorious Prison. Oxford University Press. ISBN 9780199557677.
In other words the lawyers who were struggling to discover or invent--a legal rationale for indefinite extrajudicial detention, unregulated yb American of international law, had come down to see, however briefly, the flesh and blood reality that their ongoing work affected.
- ↑ Donald Rumsfeld Secretary of Defense (2004-07-07). "Order Establishing Combatant Status Review Tribunal" (PDF). Department of Defense. Retrieved 2007-04-26.
- ↑ "Combatant Status Review Tribunal" (PDF). Department of Defense. 2006-10-15. Retrieved 2007-04-26.