Under the new resolution, detainees will have their cases heard by miltary tribunals, but there will be no deadline for hearing the cases. Worse, detainees will not have the right to challenge their detention under writ of habeas corpus, which is a right allowed American criminal suspects. Although evidence obtained through torture is now rendered inadmissible, the ban is retroactive only to December 30, 2005. Any evidence used against a detainee can be “significantly redacted” in the interest of national security.

According to the compromise, all interrogations must comply with Common Article 3 of the Geneva Conventions, which prohibits “cruel, unusual, or inhumane treatment or punishment.” My biggest concern with regard to this point, one which I share with Bush, is its ambiguity. What constitutes cruel, unusual or inhumane treatment? They tried to clear this up by banning techniques that cause “serious” mental or physcial pain –a step up from Bush’s goal, which was to restrict only the ones that cause “severe” damage– but such language is woefully inadequate given the current post-9/11 context.

A few weeks ago Bush’s Republican comrades such as John McCain challenged him on the original terrorist legislation under the guise of demanding more humane treatment for detainees. This one-sided resolution suggests that they were really attempting to distance themselves from Bush in order to fulfill their own political agendas. This proves that, as always, American politicians don’t have feelings, only interests.

Categories: MLH
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3 Comments

1. Qusan wrote:

Since enemy combantant is such a broad term, their could be a possibility we could be slipping into a police state.

I agree. I think this is far more sinister that it appears. Not to mention letting Bushco off the hook for war crimes. This will go to the Supreme Court and, like the verdict that prompted the need for this bill, will probably get overturned – just not in time for the election.

September 29, 2006 @ 3:11 pm

2. Nation :: Sepultura wrote:

Jora Nation :: Sepultura Kontorskii …

July 9, 2007 @ 12:26 pm

3. Enigma - MCMXC a.D (Limited Edition) wrote:

robin Enigma – MCMXC a.D (Limited Edition) good …

July 11, 2007 @ 8:12 am

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