Restoring Habeas Corpus: Protecting American Values and the Great Writ : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, First Session, May 22, 2007, Том 4U.S. Government Printing Office, 2007 - Всего страниц: 173 |
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Стр. 11
... CSRT or military commission has exercised a final decision and limit judicial review essentially to two ques- tions : whether the CSRT or military commission operated con- sistent with the rules and standards adopted by it , and also ...
... CSRT or military commission has exercised a final decision and limit judicial review essentially to two ques- tions : whether the CSRT or military commission operated con- sistent with the rules and standards adopted by it , and also ...
Стр. 12
... CSRT or military commission procedures . This is because under the teaching of Ex Parte Milligan , it is unconstitutional to bring civilians before mili- tary commissions or to hold them as enemy combatants if civilian Article III ...
... CSRT or military commission procedures . This is because under the teaching of Ex Parte Milligan , it is unconstitutional to bring civilians before mili- tary commissions or to hold them as enemy combatants if civilian Article III ...
Стр. 15
... CSRT and then never charge them , and without habeas , their case is never to be heard . Chairman LEAHY . The sort of thing we criticize when other coun- tries have done it . In fact , you say in your statement that you would hope that ...
... CSRT and then never charge them , and without habeas , their case is never to be heard . Chairman LEAHY . The sort of thing we criticize when other coun- tries have done it . In fact , you say in your statement that you would hope that ...
Стр. 20
... CSRT process - that you correctly point out is quite austere compared with our civilian trials - look like a king's ransom by comparison . For example , the typical Article 5 Tribunals would involve sev- eral officers sitting in a tent ...
... CSRT process - that you correctly point out is quite austere compared with our civilian trials - look like a king's ransom by comparison . For example , the typical Article 5 Tribunals would involve sev- eral officers sitting in a tent ...
Стр. 21
... CSRT finding . So I struggle with your conclusion that the CSRTS , as currently written , are a better deal for a detainee than an Article 5 Tribunal or that they are consistent with the constitutional concepts of due process of habeas ...
... CSRT finding . So I struggle with your conclusion that the CSRTS , as currently written , are a better deal for a detainee than an Article 5 Tribunal or that they are consistent with the constitutional concepts of due process of habeas ...
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adequate and effective Admiral Guter Afghanistan al Qaeda alien detainees American Conservative Union Article 5 Tribunal believe Boumediene captured Chairman LEAHY challenge their detention Checks and Balances Christian citizens Combatant Status Review Committee Congress Constitution Project's Liberty D.C. Circuit decision Detainee Treatment Act determination due process Eisentrager enemy combatants Evangelicals evidence executive detention federal courts Geneva Conventions Guantanamo Bay Guantánamo detainees habeas corpus jurisdiction habeas corpus petitions habeas corpus rights habeas jurisdiction habeas petitions habeas review habeas rights held human rights indefinitely individuals Iraq issue Judge judicial review Judiciary Justice legislation Military Commissions Act nation Patrick person President prisoners Professor protections question Rasul restore habeas corpus RIVKIN rule of law Section Senator DURBIN Senator Specter Status Review Tribunals statutory Supreme Court Taft terrorism terrorists torture traditional United States Attorney unlawful enemy combatants violations war on terror Washington writ of habeas
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Стр. 88 - So God created humankind in his image, in the image of God he created them; male and female he created them.
Стр. 99 - In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation...
Стр. 99 - That the United States considers itself bound by Article 7 to the extent that 'cruel, inhuman or degrading treatment or , punishment' means the cruel and unusual treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States.
Стр. 43 - Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
Стр. 99 - No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
Стр. 71 - A circumstance which crowns the defects of the Confederation remains yet to be mentioned, — the want of a judiciary power. Laws are a dead letter without courts to expound and define their true meaning and operation.
Стр. 93 - Thus says the LORD: Act with justice and righteousness, and deliver from the hand of the oppressor anyone who has been robbed. And do no wrong or violence to the alien, the orphan, and the widow, or shed innocent blood in this place.
Стр. 104 - ... as well as disgraceful working conditions, where men are treated as mere tools for profit, rather than as free and responsible persons; all these things and others of their like are infamies indeed.
Стр. 157 - The facts here are distinguishable from those in Eisentrager in two critical ways, leading to the conclusion that a federal court may entertain the petitions. First, Guantanamo Bay is in every practical respect a United States territory, and it is one far removed from any hostilities. The opinion of the Court well explains the history of its possession by the United States. In a formal sense, the United States leases the Bay; the 1903 lease agreement states that Cuba retains 'ultimate sovereignty
Стр. 95 - ... flow from the very truth of the human being and express and safeguard the dignity of the person: values which no individual, no majority and no State can ever create, modify or destroy, but must only acknowledge, respect and promote.