In a stinging rebuke of the Bush Government, a United States appeals court has ruled the US cannot imprison "enemy combatants," [scapegoats and patsy's for the Coalition of the Killing's resource war's in the Middle East], captured in Afghanistan, [held], indefinitely at Guantanamo Bay and deny them access to lawyers.In a strongly worded 2-1 decision, the 9th Circuit Court of Appeals said the indefinite imprisonment at the US naval base in Cuba was inconsistent with US law and raised serious concerns under international law.
"The Government's position is inconsistent with fundamental tenets of American jurisprudence and raises most serious concerns under international law," judge Stephen Reinhardt wrote in the decision.
"We simply cannot accept the Government's position that the Executive Branch possesses the unchecked authority to imprison indefinitely any persons, foreign citizens included, on territory under the sole jurisdiction and control of the United States, without permitting such prisoners recourse of any kind to any judicial forum, or even access [to] counsel."
The ruling is seen as a blow to the, [war criminal], Bush Government's policy towards detainees, [prisoners], in the campaign against terrorism, [the Coalition of the Killing's resource wars in the Middle East.]
One of the San Francisco judges writes that it is the duty of courts to prevent the Executive branch from "running roughshod over the rights of citizens and aliens alike, especially in times of national emergency".
[In times of illegal and degrading wars instigated by the USA and the Coalition of the Killing, to steal resources in the Middle East.]
A lower court is now obliged to hear arguments on behalf of detainees, [prisoners], and to make a ruling as to whether they should all be granted legal counsel.
Only two of the 600 'prisoners' at Guantanamo have so far been granted access to a lawyer. The first was Australian, [scapegoat], David Hicks.
The Pentagon overnight assigned a military defence lawyer to a second detainee, [prisoner], [scapegoat],Yemeni national Salim Ahmed Hamdan.
Like Mr Hicks, he has not yet been charged with anything.
On the Hicks matter, the Pentagon has pointed out today that it is giving Australian lawyer Stephen Kenny permission to speak on almost everything he is formally requesting.
[Gee Thanks!]
At a press conference yesterday, Mr Kenny said he was limited in what he could say. Today, the Pentagon says it only withheld approval for two items relating to security.
By Just Us 19 December 03
Related:
Hicks's lawyer hopeful of meeting before Christmas
Adelaide lawyer Stephen Kenny says he hopes to meet with United States military captive David Hicks at Guantanamo Bay before Christmas.
Red Cross warns resource wars in the Middle East are eroding human rights The head of the International Committee of the Red Cross (ICRC) has warned that the worldwide campaign against terrorism [the Coalition of the Killing's resource wars in the Middle East], must not be used to breach peoples right under international law.
Lawyers differ on Guantanamo deal
The lawyers for the two Australian men being held, [tortured in solitary confinement], at Guantanamo Bay have had different reactions to the, [war criminal], Federal Government's agreement with the, [war criminal], United States over procedures for any 'military trials'.
US 'political prisoners' demand rule of US law
FOREIGN prisoners, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], held in Cuba, including Australians David Hicks and Mamdouh Habib, will never have played their legal card until they're freed!
Government should fund 'free Hicks' doco
TAXPAYERS have forked out $185,000 for a documentary promoting the release of David Hicks - because the Coalition of the Killing used him as a scapegoat for their illegal and degrading resource war's in the Middle East.
A STRUGGLE ON TWO FRONTS: PRISONS & IMPERIALIST WAR
After a war waged by the U.S. military against Vietnam which took the lives of more than 3 million Vietnamese people and more than 58,000 GIs, the U.S. finally withdrew in 1975. It had suffered its first official major military defeat by a united people struggle led by the Vietnamese, along with a mass U.S. anti-war movement.
Supporters doubt PM's efforts to release Habib, Hicks
The supporters of two Australian detainees [prisoners] being held [tortured] by the United States at Guantanamo Bay in Cuba say they draw no comfort from [war criminal], Prime Minister John Howard raising the men's plight with [war criminal], US President George W Bush.
Greens For Freedom of Political Prisoners
The Greens politicians refused to be ejected and attempted to deliver a letter and photograph to the president. But Kerry was literally dragged away and that behaviour in Parliament was worrying.
Habib's wife to join Greens Protest during Bush Visit
The wife of an Australian man imprisoned at Guantanamo Bay has urged the Prime Minister to seek her husband's release when the United States President visits Australia this week.
Red Cross Criticizes Indefinite Detention in Guantanamo Bay
GUANTANAMO BAY, Cuba, Oct. 9 A senior official of the International Committee of the Red Cross said on Thursday that the holding of more than 600 detainees [prisoners] here was unacceptable because they were being held for open-ended terms without proper legal process. Christophe Girod, the senior Red Cross official in Washington, said on Thursday in an interview at the United States Naval Base here, "One cannot keep these detainees in this pattern, this situation, indefinitely."
Australia: Crean backs war criminals
The Federal Labor leader, Simon Crean, has tried to head off planned protests by some opposition MPs when the US President addresses Parliament next week.
Bush's Vanished Prisoner
He Wonders Whether He Will See the Light of Day Again October 10th, 2003 6:00 PM
Guantanamo Bay treatment: Limbo
Former federal judges, diplomats, military officials and human rights advocates in the United States have urged the Supreme Court to review the cases of detainees [scapegoats for the Coalition of the Killing's resource wars in the Middle East], being held without charge at Guantanamo Bay in the name of terrorism.
Australia: Justice for Hicks & Habib
The public forum Justice for Hicks & Habib was quite a success. Approximately 130 people attended the event, a big number for a Saturday eve!
Pilger said White House knew Saddam was no threat
Australian investigative journalist John Pilger says he has evidence the war against Iraq was based on a lie which could cost George W Bush and Tony Blair their jobs and bring Prime Minister John Howard down with them.
Illegal and degrading war crimes: Society on the New World Order (OWN)! While Australia and the US are very distinctive societies war criminal, Prime Minister John Howard and war criminal, President George Bush share core values.
Civil Liabilities: Howard's diversity? I had a dream?
The war criminal, Prime Minister, John Howard, who only yesterday was claiming he was showing diversity has stepped up pressure on the states to support plans to increase the war criminal, Federal Attorney-General's powers to ban terrorist organisations, [scapegoats and patsies for the Coalition of the Killing's illegal and degrading resource wars in the Middle East.]
Terry Hicks Odyssey for Justice for his Imprisoned Son
Terry Hicks, David Hicks father, one of two Australian [scapegoats] held imprisoned [and tortured] at Guantanamo Bay, arrives tomorrow Saturday 20 September in Sydney. He will hold a Press Conference at 2pm at Breakout, 65 Bellevue St. Glebe.
Evidence that Howard was complicit in CIA, false flag, call to arms, Bali bombings War criminal John Howard was complicit in the call to arms - false flag operation - Bali bombings - instigated by the CIA - and the Coalition of the Killing - to bolster support - and quell dissent for their illegal and degrading resource wars in the Middle East.
State terror units caused the terror!
The level of suspicion and surveillance created by the [US false flag operation and call to arms] Bali bombings, created by [ the Coalition of the Killing and Australian's complicity to go to war on Iraq] means that all Australian's suffer the loss of their human rights, civil rights and their democratic rights, as well as those Australian's who lost their life in Bali.
Australia backs CIA Reichstag, Downer's propaganda
The Foreign Affairs Minister says the latest message from Osama bin Laden is worrying. [Just plain rubbish!]
Bin Laden calls? CIA blind man's bluff!
A [US propaganda, fear-mongering] taped message purportedly from Osama bin Laden has warned Arab nations against supporting a war against Iraq but has branded Saddam Hussein an infidel.
