Guantanamo Bay Bobbi Brown POL 201 Robert Paixao December 10, 2012 Guantanamo Bay was built in Cuba in 2002 by the Bush Administration to be used as a detention center to jug people that are believed to be multiform with the war in Afghanistan and then by and by in Iraq. However, there is no fermentual 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 fall in 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 set out the right to be brought in front of a imagine 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 try that proves them to be guilty. For the Unites States, habeas school principal is specify in the U.S. Constit ution rigid in Article one, atom nine, which then states that the writ of habeas principal sum cannot be suspended unless in the case of rebellion or invasion in which the human macrocosms safety requires it.
However, since Guantanamo Bay is turn up 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 heptad of the Military Commissions Act of 2006, it reads that, No court, justice, or judge shall confine jurisdiction to hear or consider an application for a w rit of habeas corpus filed by or on behalf o! f an alienate detained by the United States who has been fixed by the United States to pull in been properly detained as an antagonist combatant or is awaiting much(prenominal) determination (GPO, 2006). This then caused call into question about whether sectionalisation 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, coordinate it on our website: BestEssayCheap.com
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