TheMercenary • Dec 8, 2007 2:37 pm
Someone is going to have to deal with this issue sooner or later, share your thoughts.
The first 400 that were already released to their countries were set free. Why? They were guilty of nothing. Most all Gitmo prisioners were simply turned in by bounty hunters on rumors. The US imprisioned them mostly because bounty hunters said they were guilty - nothing more.Aliantha;414618 wrote:My vote was to send them home and let their country of origin deal with them.
Don't stop there. Stuff in all the Venezuelans. That will solve a lot more problems. Then the King of Spain need not tell anyone to, "just shut up".xoxoxoBruce;414711 wrote:Expand it and lock up all the Cubans too.
Australia was itself a pioneer in the extra-judicial detention of foreigners in concentration camps, and the use of concentration camps in far-flung parts of its empire not technically part of its home jurisdiction. In fact, Australia's 'Pacific Solution' was the pioneering exercise in offshore mass imprisonment, taking place from September 2001, significantly before the US opened Gitmo. In both cases, the purpose was to manouevre around the constraints of both domestic law and the law of third countries, by creating a legal-territorial limbo.
Update: Today's suicides at Gitmo of course also recapitulate events in Australian detention. That it has taken so much longer for suicide to eventuate (assuming these were indeed suicides . . .) in this situation may, I think, be attributed to two factors: the religiosity of the inmates, who were imprisoned because they were fervently Muslim, and whose religion forbids suicide, and the much closer monitoring of inmates. That deaths are now occuring correlates with the loss of value of these inmates' lives to the state which is imprisoning them, which once viewed them as assets of a sort, where in Australia refugees lives were never accorded intrinsic value.
That said, I was going to say that the fresh revelations about Australians being detained by DIMA had some specific meaning, in that DIMA somehow has extraordinary powers in this. But really it's powers are not that surprising. While imprisonment in the Department of Immigration and Multicultural Affairs' concentration camps is determined by bureaucratic fiat, and this is something extraordinary, in that it can mark anyone without any kind of due process, the difference between this and a far wider problem, that of remand imprisonment, is relatively minor. Every year, tens of thousands of (not just 26) Australian citizens who haven't actually been proven guilty of anything, thousands of whom are, like the victims of Australia and America's concentration camps, never proven to have done anything wrong, are imprisoned in the brutal regular prison system in Australia on remand. While they are accorded a bail hearing prior to this, these hearings themselves are cursory, and generally have outcomes based on the feelings of the prosecution. The real lesson is that those without the means or wit to defend themselves, namely the poor and immigrants, which two categories have a large overlap, are in Australia frequently subjected to Kafkaesque treatment at the hands of the state, and by token of the lack of connections to the establishment which allows this to happen to them, we are unlikely to hear about it.
It is called the Sixth Amendment to the Constitution of the United States of America; also called the Bill of Rights. That law exists which demonstrates how much wacko extremists have pervert American legal principles. Even Terry Schivo could not be left alone because wackos must pervert laws for their poltiical agenda. The Sixth Amendment:Aliantha;414882 wrote:If nothing else, there should be time limits imposed so that people who are not guilty of any crime shouldn't be left rotting and being abused.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ... to be confronted by with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defense.Notice the word "all". Gitmo prisoners were denied all these right including right to counsel which is a question only now being asked by the Supreme Court.
A bigger difference than the amenities is how they got there. They are illegal immigrants. Gitmo detainees are foreigners snatched up in foreign countries. If Australia were grabbing people out of Indonesia and dropping them in Nauru, there might be a stronger Gitmo comparison.Aliantha;415124 wrote:Seems a lot different to Gitmo to me.
We've gone out of our way to deny that they are POWs, and to assert their criminality. POWs don't get tried, but criminals do.Urbane Guerrilla;415609 wrote:Why does anyone think noncitizens, captured on foreign fields in far wars, should be tried in civilian courts? These are in effect if perhaps not the letter of the law prisoners of war. No responsible government tries enemy prisoners of war, whether they've been annoying to it or not.