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A legal black hole in Cuba threatens to suck in some precious rights - www.smh.com.au by w1ld at 9:08 am EST, Jan 22, 2004 |
] The military tribunals which will try the "alien ] combatants" held by the US military at Guantanamo Bay in ] Cuba form one such legal black hole. In November a senior ] British judge, Lord Steyn, of the House of Lords, ] referred to the trial arrangements for the detainees at ] Guantanamo Bay as a "kangaroo court" and a "black hole". ] ] The phrase also was used at the end of last year by a ] federal appeals court in the United States which found ] that the holding and trial of aliens by the military ] without charge in an offshore location amounted to a ] legal "black hole" and as such was unconstitutional. ] ] And there were the words again, just this week, in the ] mouths of the Pentagon's own lawyers who have been ] appointed as defence counsel for the alien combatants. ] They said that it amounts to a "legal black hole" if ] there is no possibility of a civilian court review of the ] determinations of the US military commissions which will ] try David Hicks and others. |
A legal black hole in Cuba threatens to suck in some precious rights - www.smh.com.au by Decius at 12:52 pm EST, Jan 22, 2004 |
] What is fascinating is that before filing the defence ] brief, the prosecutor, that is the general counsel's ] office at the US Defence Department, approved it. As they ] are employees of the military, the department would have ] had to approve the press conference held on Wednesday by ] Mori and the others. The DOD is trying to be a nice guy now that it is about a month or two from getting its ass handed to it in the Supreme Court. |
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