Saturday, February 05, 2011

American Justice

A 48-year-old Afghan citizen and Guantanamo detainee, Awal Gul, died on Tuesday of an apparent heart attack. Gul [...] had been kept in a cage by the U.S. for more than 9 years -- since late 2001 when he was abducted in Afghanistan -- without ever having been charged with a crime. While the U.S. claims he was a Taliban commander, Gul has long insisted that he quit the Taliban a year before the 9/11 attack because, as his lawyer put it, "he was disgusted by the Taliban's growing penchant for corruption and abuse." His death means those conflicting claims will never be resolved [...] This episode illustrates that the U.S. Government's detention policy -- still -- amounts to imposing life sentences on people without bothering to prove they did anything wrong.

[...]

There's one other aspect of this episode that warrants attention. In its 2008 Boumediene decision, the Supreme Court struck down the provision of the Military Commissions Act which denied habeas corpus review to all detainees, and ruled that Guantanamo detainees at least have the right to a one-time review by a federal court as to whether there is credible evidence to justify their detention (a far less rigorous standard than the one that applies if they're charged with a crime and the state has to prove their guilt beyond a reasonable doubt). Gul had filed a habeas petition and it was fully argued before a federal court back in March -- 11 months ago. The federal judge never got around to issuing a ruling.

[...]

Gul's death -- and what turned out to be his due-process-free life sentence -- is an important reminder of the heinous detention policies of the U.S.: not as a matter of the Bush/Cheney past, but very much the current U.S. posture as well. The only difference is that there is no more partisan gain to be squeezed from the controversy, so it has blissfully disappeared into the harmonious dead zone of bipartisan consensus.

  Glenn Greenwald

Hey, we take pride in our barbarous acts of cruelty and despicable acts of injustice.

....but hey, do what you want....you will anyway.

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