Guantanamo Bay

Guantanamo Bay Bobbi Brown POL 201 Robert Paixao December 10, 2012 Guantanamo Bay was reinforced in Cuba in 2002 by the Bush Administration to be used as a detention center to incarcerate people that are believed to be tortuous with the war in Afghanistan and then by and by in Iraq. However, there is no correspondual proof as to which detainees are really involved and believed to be terrorist, and which are not, because it is surface of the healthy jurisdiction of the linked States to enforce the writ of habeas head (Foley, 2007). Habeas Corpus is a writ, or a legal action, that allows a psyche who is under return the right to be brought in front of a assay or into court. This then allows the person who is under arrest to be released from unlawful detention as long as they do not find every proof, sufficient cause, or severalise that proves them to be guilty. For the Unites States, habeas dealer is specify in the U.S. Constitution set in Article one, atom nine, which then states that the writ of habeas corpus cannot be suspended unless in the case of rebellion or invasion in which the human macrocosms safety requires it.

However, since Guantanamo Bay is hardened in Cuba, it is out of the legal jurisdiction of the United States, so they are not adapted to enforce the legal act of habeas corpus to the prisoners who are being held there. However, in section septenary of the Military Commissions Act of 2006, it reads that, No court, justice, or judge shall rescue jurisdiction to hear or consider an application for a writ of ha beas corpus filed by or on behalf of an ali! enate detained by the United States who has been fixed by the United States to nonplus been properly detained as an antagonist combatant or is awaiting such determination (GPO, 2006). This then caused call into question about whether persona seven of the Military Commissions Act of 2006, that forbids detainees from obtaining habeas corpus, amounts to an unconstitutional suspension of habeas corpus under article...If you want to get a full essay, read it on our website: OrderCustomPaper.com

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