Habeas Whatteas?

Habeas Corpus:

In common law countries, habeas corpus, Latin for "you [should] have the body", is the name of a legal instrument or writ by means of which detainees can seek release from unlawful imprisonment. The Unites States has just passed a law which takes this right away from "Terrorist". This means if you are declared a "terrorist" you could be locked up and they could just throw away the key. A writ of habeas corpus is a court order addressed to a prison official (or other custodian) ordering that a detainee be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he or she should be released from custody. The writ of habeas corpus in common law countries is an important instrument for the safeguarding of individual freedom against arbitrary state action.

Ripped from the AP:

TERROR BILL
Highlights of the military commissions and interrogation system

Whom the military can detain

• The military can detain any foreigner it believes is an "unlawful enemy combatant."
• The new bill defines this as anyone "who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents." This definition is aimed at terrorists and people who finance terrorists.
• The military can detain an individual indefinitely if it believes he is a threat to forces on the battlefield or U.S. citizens.
• The court would not be used to prosecute U.S. citizens or individuals who fight in foreign forces on behalf of a sovereign state.

Whom the military can prosecute

• The military gets to decide whom it prosecutes and is not required to bring charges against every prisoner. The military has some 14,000 detainees in custody.
• So far, the military has identified 10 individuals out of the estimated 450 prisoners at Guantanamo Bay prison in Cuba who are people for whom the military believes it has enough evidence for successful prosecution. President Bush is expected to bring charges against 14 others recently transferred to the military prison from CIA custody.
• The military does not have plans yet to prosecute the remaining prisoners, most of whom are held in Iraq and Afghanistan. There, prisoners must await the decision of a military review board to determine whether they can be released. In Iraq, the review board includes representatives from the Iraqi government and coalition forces.

Rules for a military trial

• Each defendant selected for prosecution must be assigned a military defense counsel. The defendant could retain civilian counsel if the counsel is eligible to have access to classified information.
• Statements obtained by torture would not be admissible as evidence.
• Statements obtained using interrogation methods that violate a 2005 ban on "cruel, inhuman or degrading treatment" would be admissible as evidence if they were taken before the ban took effect and a judge found the statements were reliable and would serve the "interests of justice."
• The commission could determine the punishment, including death.
• A defendant would be allowed to examine and respond to any evidence given to a jury. If classified information were needed for prosecution, an unclassified summary would be provided.
• When the government wants to protect classified information and an unclassified substitute is not available, the government could decide to drop the charges. Under the laws of war, the president would not be required to release the combatant.
• Defendants would be barred from protesting their detention or treatment in civilian courts.

Interrogation techniques

• The president would not be allowed to authorize any interrogation technique that amounted to a war crime. These include torture, cruel or inhuman treatment, murder, mutilation or maiming, serious bodily injury, sexual abuse, taking hostages, rape and biological experiments. An extensive definition of each crime is provided.
• Proponents of the bill say abusive interrogation methods, including "waterboarding" - or simulated drowning - would amount to war crimes and are prohibited.
• The bill does not include a provision the president wanted interpreting U.S. obligations under the Geneva Conventions, which set international standards on prisoner treatment. Bush wanted a provision that said an existing 2005 ban on "cruel, inhuman or degrading treatment" was enough to satisfy the treaty's obligations. Republican senators said this would look like the United States was redefining the Geneva Conventions standards, which are much broader.
• The president could "interpret the meaning and application" of Geneva Convention standards applied to less severe interrogation procedures. Such a provision is intended to allow him to authorize methods that might otherwise be seen as illegal by international courts.

Bush terror bill signing a major victory
'High-value' suspects could face trial in next few months

WASHINGTON - President Bush signed legislation Tuesday authorizing tough interrogation of terror suspects and smoothing the way for trials before military commissions, calling it a "vital tool" in the war against terrorism.

Bush's plan for treatment of the terror suspects became law just six weeks after he acknowledged that the CIA had been secretly interrogating suspected terrorists overseas and pressed Congress to quickly give authority to try them in military ommissions.

"With the bill I'm about to sign, the men our intelligence officials believe orchestrated the murder of nearly 3,000 innocent people will face justice," Bush said.

Likely prosecutions
Among those the United States hopes to try are Khalid Sheikh Mohammed, the accused mastermind of the Sept. 11 attacks, as well as Ramzi Binalshibh, an alleged would-be 9/11 hijacker, and Abu Zubaydah, who was believed to be a link between Osama bin Laden and many al-Qaida cells.

"It is a rare occasion when a president can sign a bill that he knows will save American lives," Bush said. "I have that privilege this morning."

Bush signed the bill in the White House East Room, at a table with a sign positioned on the front that said "Protecting America." He said he signed it in memory of the victims of the Sept. 11 attacks.

"We will answer brutal murder with patient justice," Bush said. "Those who kill the innocent will be held to account."

High-profile witnesses
Among those in the audience were military officers, lawmakers who helped pass the bill and members of Bush's Cabinet.

He singled out for praise, among others, Secretary of Defense Donald H. Rumsfeld, who has come under sharp criticism in recent months as violence has soared in Iraq.

The law protects detainees from blatant abuses during questioning _ such as rape, torture and "cruel and inhuman" treatment _ but does not require that any of them be granted legal counsel. Also, it specifically bars detainees from filing habeas corpus petitions challenging their detentions in federal courts. Bush said the process is "fair, lawful and necessary."

"The bill I sign today helps secure this country and it sends a clear message: This nation is patient and decent and fair and we will never back down from threats to our freedom," Bush said. "We are as determined today as we were on the morning of Sept. 12, 2001."

Democratic response
Many Democrats opposed the legislation because they said it eliminated rights of defendants considered fundamental to American values, such as a person's ability to go to court to protest their detention and the use of coerced testimony as evidence. Bush acknowledged that the law came amid dispute.

"Over the past few months, the debate over this bill has been heated and the questions raised can seem complex," he said. "Yet, with the distance of history, the questions will be narrowed and few. Did this generation of Americans take the threat seriously? And did we do what it takes to defeat that threat?"

The American Civil Liberties Union said the new law is "one of the worst civil liberties measures ever enacted in American history."

"The president can now, with the approval of Congress, indefinitely hold people without charge, take away protections against horrific abuse, put people on trial based on hearsay evidence, authorize trials that can sentence people to death based on testimony literally beaten out of witnesses, and slam shut the courthouse door for habeas petitions," said ACLU Executive Director Anthony D. Romero.

"Nothing could be further from the American values we all hold in our hearts than the Military Commissions Act," he said.

White House victory
The swift implementation of the law is a rare bit of good news for Bush as casualties mount in Iraq in daily violence. Lawmakers are increasingly calling for a change of strategy and political anxieties are jeopardizing Republican's chances of hanging onto control of Congress.

Bush needed the legislation because the Supreme Court in June said the administration's plan for trying detainees in military tribunals violated U.S. and international law.

The legislation, which sets the rules for court proceedings, applies to those selected by the military for prosecution and leaves mostly unaffected the majority of the 14,000 prisoners in U.S. custody, most of whom are in Iraq.

The Pentagon had previously selected 10 prisoners at Guantanamo Bay prison to be tried. Bush is expected also to try some or all the 14 suspects held by the CIA in secret prisons and recently transferred to military custody at Guantanamo.

The bill also eliminates some rights common in military and civilian courts. For example, the commission would be allowed to consider hearsay evidence so long as a judge determined it was reliable. Hearsay is barred from civilian courts.

The legislation also says the president can "interpret the meaning and application" of international standards for prisoner treatment, a provision intended to allow him to authorize aggressive interrogation methods that might otherwise be seen as illegal by international courts. White House press secretary Tony Snow said Bush would probably eventually issue an executive order that would describe his interpretation, but those documents are not usually made public and Snow did not reveal when it might be issued.