Blind Justice Demands Habeas Corpus

From the Bill of Rights Defense Committee

When President Bush promises to bring terrorists to justice, the key question is: What does he mean by "terrorist" and "justice"? The current controversy over former CIA agent Luis Posada Carriles, who allegedly planned the 1976 bombing of a Cuban passenger jet that killed 73 people and is suspected of bombing several Cuban hotels, suggests that the political agenda of the executive branch, rather than any common standard, determines who is a terrorist.

On May 8, a federal judge dropped 2005 immigration charges against Carriles. No other charges have been filed against him in the U.S. A federal judge had ruled earlier that Carriles cannot be extradited to Venezuela to stand trial because he could be tortured there. So now this man, Carriles, widely considered an international terrorist, walks freely on the streets of Miami. Carriles's treatment contrasts starkly to the U.S. government's kidnapping and "rendition" of non-terrorists Maher Arar and Khaled el-Masri to countries that torture.

As the administration protects Carriles from facing terrorist charges, it has filed a motion to dismiss all Guantánamo detainee habeas cases on the grounds that, pursuant to the Military Commissions Act, the U.S. District Court for the District of Columbia "lacks jurisdiction over the detention-related claims of aliens held as enemy combatants at the United States Naval Base at Guantánamo Bay, Cuba".

Evidence that even one detainee at Guantánamo, much less hundreds, were wrongly held there should be sufficient proof for Congress that selective justice does not work and that it makes our country and the world a much more dangerous place. Government leaders around the world, including close allies and even members of the administration, have called on President Bush to close Guantánamo. Restoring habeas corpus for all detainees is a critical first step toward insuring that innocents are freed and real terrorists are punished.

Several House and Senate bills have been introduced that would restore habeas, undo much of the damage caused by the Military Commissions Act, or close the prison at Guantánamo Bay. Details and links .

What You Can Do. This June, organizations across the country will be holding events and legislative visits aimed at restoring habeas corpus and ending U.S. complicity in torture. On June 23, there will be a 24-hour vigil in Lafayette Park, near the White House, organized by Torture Abolition and Survivors Support Coalition (TASSC) International. Vigils will be held in other cities as well. On June 26, constituents will lobby their members of Congress in Washington, DC, and in district offices to restore habeas corpus and reverse the Military Commissions Act.
BORDC will post links on our website, for information on these and other June initiatives to restore habeas corpus and to outlaw torture.

If you are planning to take part in these or other June activities to bring justice to all detainees and end U.S. complicity in torture, please let us know, so we can share information about your actions to inspire others. Please contact Hope Marston, hmarston@bordc.org, if you live west of the Mississippi River, and Ben Grosscupp, ben@bordc.org, if you live east of the Mississippi River.