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Closing The Guantanamo Detention Center Legal Issues
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Book Synopsis Closing the Guantanamo Detention Center by : Michael John Garcia
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by DIANE Publishing. This book was released on 2009 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Jan. 22, 2009, Pres. Barack Obama issued an Executive Order requiring the Guantanamo detention facility to be closed as soon as practicable. This report provides an overview of major legal issues likely to arise as a result of actions to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the U.S., and the possible removal of persons brought to the U.S. Discusses constitutional issues that may arise in the criminal prosecution of detainees. Also discusses: detainees¿ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence.
Book Synopsis Closing the Guantanamo Detention Center by : Michael John Garcia
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of major legal issues likely to arise in the event of executive and/or legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees (either to a foreign country or into the United States), the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. The report also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums (I.e., federal civilian courts, court-martial proceedings, and military commissions). Issues discussed include detainees' right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
Book Synopsis Closing the Guantanamo Detention Center by : Michael John Garcia
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees' right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
Book Synopsis Closing the Guantanamo Detention Center: Legal Issues by : Michael Garcia
Download or read book Closing the Guantanamo Detention Center: Legal Issues written by Michael Garcia and published by CreateSpace. This book was released on 2012-12-27 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the terrorist attacks of 9/11, Congress passed the Authorization to Use Military Force (AUMF), which granted the President the authority "to use all necessary and appropriate force against those ... [who] planned, authorized, committed, or aided the terrorist attacks" against the United States. Many persons subsequently captured during military operations in Afghanistan and elsewhere were transferred to the U.S. Naval Station at Guantanamo Bay, Cuba, for detention and possible prosecution before military tribunals. Although nearly 800 persons have been held at Guantanamo at some point since early 2002, the substantial majority of Guantanamo detainees have ultimately been transferred to another country for continued detention or release. Those detainees who remain fall into three categories: (1) persons placed in non-penal, preventive detention to stop them from rejoining hostilities; (2) persons who face or are expected to face criminal charges; and (3) persons who have been cleared for transfer or release, whom the United States continues to detain pending transfer. Although the Supreme Court ruled in Boumediene v. Bush that Guantanamo detainees may seek habeas corpus review of the legality of their detention, several legal issues remain unsettled.
Book Synopsis Closing the Guantanamo Detention Center by : Michael John Garcia
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by . This book was released on 2009 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums.
Book Synopsis Closing Guantanamo by : Noah M. Claeys
Download or read book Closing Guantanamo written by Noah M. Claeys and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independent verification should be sought for any data, advice or recommendations contained in this book. In addition, no responsibility is assumed by the publisher for any injury and/or damage to persons or property arising from any methods, products, instructions, ideas or otherwise contained in this publication.
Book Synopsis Habeas Corpus After 9/11 by : Jonathan Hafetz
Download or read book Habeas Corpus After 9/11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2012-08-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Book Synopsis Guantánamo Diary by : Mohamedou Ould Slahi
Download or read book Guantánamo Diary written by Mohamedou Ould Slahi and published by Back Bay Books. This book was released on 2017-10-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The acclaimed national bestseller, the first and only diary written by a Guantánamo detainee during his imprisonment, now with previously censored material restored. When GUANTÁNAMO DIARY was first published--heavily redacted by the U.S. government--in 2015, Mohamedou Ould Slahi was still imprisoned at the detainee camp in Guantánamo Bay, Cuba, despite a federal court ruling ordering his release, and it was unclear when or if he would ever see freedom. In October 2016, he was finally released and reunited with his family. During his 14-year imprisonment, the United States never charged him with a crime. Now for the first time, he is able to tell his story in full, with previously censored material restored. This searing diary is not merely a vivid record of a miscarriage of justice, but a deeply personal memoir---terrifying, darkly humorous, and surprisingly gracious. GUANTÁNAMO DIARY is a document of immense emotional power and historical importance.
Book Synopsis The Guantánamo Lawyers by : Mark P. Denbeaux
Download or read book The Guantánamo Lawyers written by Mark P. Denbeaux and published by NYU Press. This book was released on 2011-03-04 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the terrorist attacks of September 11, 2001, the United States imprisoned more than 750 men at its naval base at Guantánamo Bay, Cuba. The detainees, ranging from teenagers to elderly men from over forty different countries, were held for years without charges, trial, or a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took lawyers who had filed habeas corpus petitions over two years to finally gain the right to visit and talk to their clients at Guantánamo. Even then, lawyers worked under severe restrictions, designed to inhibit communication and maximize secrecy. Eventually, however, lawyers did meet with their clients. This book contains over 100 personal narratives from attorneys who have represented detainees held at Guantánamo as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites."
Book Synopsis Behind the Controversy by : Roberto Miguel Rodriguez
Download or read book Behind the Controversy written by Roberto Miguel Rodriguez and published by . This book was released on 2023-09-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Behind the Controversy" offers a comprehensive exploration into the complex, multifaceted history and operational intricacies of the U.S. Guantanamo Naval Base, commonly known as Guantanamo Bay or Gitmo. Situated on the southeastern tip of Cuba, this facility has been the focal point of numerous international legal and political debates since the turn of the century. Key features include: Historical Backdrop: Tracing the base's origins, from the Spanish-American War to the 1903 lease agreement between the U.S. and Cuba, setting the stage for its current geopolitical status. Gitmo in the War on Terror: A deep dive into the base's transformation post-9/11, its role as a detention center for suspected terrorists, and the controversies surrounding the indefinite detention of prisoners without trial. Legal Quandaries: Examination of the complex legal challenges presented by Guantanamo, from questions of habeas corpus to issues concerning international human rights laws. Interrogation Techniques and Human Rights: Analysis of the methods employed at Guantanamo, their ethical ramifications, and the international outcry against alleged torture and mistreatment. Inside the Wire: Personal accounts from former detainees, guards, and administrative personnel, providing a multifaceted look into daily life and operations inside the camp. Diplomatic Strains: Exploring the diplomatic tensions between the U.S. and Cuba regarding the base, as well as broader international criticisms and calls for closure. Closure Debates: Detailing the challenges and arguments surrounding the propositions to shut down the detention facility, and the legal, logistical, and political obstacles faced. Global Perspectives: Insight into how the existence and operations of Guantanamo Bay have impacted U.S. relations with allies and foes alike. The Future of Guantanamo: Speculation on the evolving role and status of the naval base in the context of shifting U.S. defense, foreign policy, and legal landscapes. "Behind the Controversy" provides readers with a balanced, well-researched insight into the Guantanamo Naval Base, shedding light on the dilemmas it presents at the intersection of national security, international law, and human rights. The book serves as a definitive guide for those seeking to understand the multi-layered challenges and implications surrounding one of the most debated military installations in modern history.
Book Synopsis To Close Or Not to Close by : Mark C. Nemish
Download or read book To Close Or Not to Close written by Mark C. Nemish and published by . This book was released on 2009 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: "After September 11, 2001, the United States began a global campaign to eliminate terrorists and their support networks. During the Global War on Terror, President George Bush established the detention facility at Guantanamo Bay, Cuba to hold individuals captured during military operations in Afghanistan and Iraq. From the very beginning, Guantanamo Bay has faced criticism throughout the world. The Bush administration was ill prepared to begin and sustain detainee operations and failed to properly classify detainees under the Geneva Conventions. Subsequently, the Administration developed questionable legal processes for the detainees by capitalizing on the "legal-free" environment offered at Guantanamo Bay, which led many to call for the closure of the detention facility. After only two days in office, President Barack Obama ordered the closure of Guantanamo Bay and a review of all detainees to ensure proper classification, prosecution, and need for continued detention. Is the closure of Guantanamo Bay necessary or is the problem the policy and procedures regarding the detainees and the conditions of their detention? This paper presents the history of the classification and legal processes that faced the detainees since the first days of Guantanamo Bay. It then analyzes the arguments for keeping it open and closing it down and it examines the future steps required to close Guantanamo Bay in accordance with President Obamas executive order. Finally, it offers recommendations on how the U.S. can properly handle the disposition of detainees, to include legal due process in the U.S. criminal justice system, while still utilizing the detention center at Guantanamo Bay. Closing Guantanamo Bay is the wrong answer. The U.S. must revamp the its methods for dealing with detainees during the GWOT and for any future military campaigns."--Abstract.
Book Synopsis A Place Outside the Law by : Peter Jan Honigsberg
Download or read book A Place Outside the Law written by Peter Jan Honigsberg and published by Beacon Press. This book was released on 2019-11-12 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firsthand testimonies from Guantánamo Bay, inspiring future generations to never repeat the human rights violations of the detention center. Law scholar and Witness to Guantánamo founder Peter Jan Honigsberg uncovers a haunting portrait of life at the military prison and its toll, not only on the detainees and their loved ones but also on its military and civilian personnel and the journalists who reported on it. Honigsberg conducted 158 interviews across 20 countries so that the people who lived and worked there could tell their heartbreaking and inspirational stories. In each one, we face the reality that the healing process cannot begin until we start the conversation about what was done in the name of protecting our country. These are a few of them. Many alleged operatives in Guantánamo were purchased by the United States for ransom from Afghan and Pakistani soldiers. Brandon Neely, a prison guard who processed the first group of suspected operatives to arrive in Cuba, flew to London to embrace the detainees he guarded after leaving the military. Navy whistleblower Matt Diaz covertly released the names of 500 detainees by sending them in a greeting card to a lawyer in New York. Journalist Carol Rosenberg committed the past 17 years of her career to documenting life at Guantánamo. And Damien Corsetti, an interrogator who came to be known as the “King of Torture,” received ribbons and awards for the same cruel actions for which he was later prosecuted. In startling, aching prose, A Place Outside the Law shines a light on these unheard voices, and through them, encourages the global community to embrace humanity as our greatest tool to make the world a safer place.
Book Synopsis Obama's Guantánamo by : Jonathan Hafetz
Download or read book Obama's Guantánamo written by Jonathan Hafetz and published by NYU Press. This book was released on 2016-06-17 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. detention center at Guantánamo Bay has become the symbol of an unprecedented detention system of global reach and immense power. Since the 9/11 attacks, the news has on an almost daily basis headlined stories of prisoners held indefinitely at Guantánamo without charge or trial, many of whom have been interrogated in violation of restrictions on torture and other abuse. These individuals, once labeled “enemy combatants” to eliminate legal restrictions on their treatment, have in numerous instances been subject to lawless renditions between prisons around the world. The lines between law enforcement and military action; crime and war; and the executive, legislative, and judicial branches of power have become dangerously blurred, and it is time to unpack the evolution and trajectory of these detentions to devise policies that restore the rule of law and due process. Obama’s Guantánamo: Stories from an Enduring Prison describes President Obama’s failure to close America’s enduring offshore detention center, as he had promised to do within his first year in office, and the costs of that failure for those imprisoned there. Like its predecessor, Guantánamo Lawyers: Inside a Prison Outside the Law, Obama’s Guantánamo consists of accounts from lawyers who have not only represented detainees, but also served as their main connection to the outside world. Their stories provide us with an accessible explanation of the forces at work in the detentions and place detainees’ stories in the larger context of America’s submission to fearmongering. These stories demonstrate all that is wrong with the prison and the importance of maintaining a commitment to human rights even in times of insecurity.
Download or read book The Terror Courts written by Jess Bravin and published by Yale University Press. This book was released on 2013-02-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.
Book Synopsis Legal Borderlands by : Mary L. Dudziak
Download or read book Legal Borderlands written by Mary L. Dudziak and published by Special Issue of American Quar. This book was released on 2006-05-08 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Guantanamo Detention Center by : Anna C. Henning
Download or read book Guantanamo Detention Center written by Anna C. Henning and published by DIANE Publishing. This book was released on 2010 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: The detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, has been the focus of significant legislative activity during the 111th Congress. The Supplemental Appropriations Act, 2009, enacted in June 2009, contains several provisions relevant to Guantanamo detainees. Section 319 of the act includes an ongoing reporting requirement. Section 14103 restricts the use of funds for the transfer and release of the detainees in specified circumstances. This report analyzes the relevant provisions of the Supplemental Appropriations Act, 2009, and selected legislative proposals that have been introduced in the 111th Congress.
Book Synopsis The Least Worst Place by : Karen Greenberg
Download or read book The Least Worst Place written by Karen Greenberg and published by Oxford University Press. This book was released on 2010-09-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of the Washington Post Book World's Best Books of 2009, The Least Worst Place offers a gripping narrative account of the first one hundred days of Guantanamo. Greenberg, one of America's leading experts on the Bush Administration's policies on terrorism, tells the story through a group of career officers who tried--and ultimately failed--to stymie the Pentagon's desire to implement harsh new policies in Guantanamo and bypass the Geneva Conventions. Peopled with genuine heroes and villains, this narrative of the earliest days of the post-9/11 era centers on the conflicts between Gitmo-based Marine officers intent on upholding the Geneva Accords and an intelligence unit set up under the Pentagon's aegis. The latter ultimately won out, replacing transparency with secrecy, military protocol with violations of basic operation procedures, and humane and legal detainee treatment with harsh interrogation methods and torture. Greenberg's riveting account puts a human face on this little-known story, revealing how America first lost its moral bearings in the wake of 9/11.
