Extrajudicial detention: Difference between revisions

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==The United States use of extrajudicial detention during the "war on terror"==
==The United States use of extrajudicial detention during the "war on terror"==


During its "[[war on terror]]" the [[United States]] has made eavy use of extrajudicial detention.<ref name=OrderEstablishingCsrt20040707>
During its "[[war on terror]]" the [[United States]] has made eavy use of extrajudicial detention.<ref name=Bush20011113>
{{cite news
| url=http://en.wikisource.org/wiki/Detention%2C_Treatment%2C_and_Trial_of_Certain_Non-Citizens_in_the_War_Against_Terrorism
| title=Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
| publisher=[[Whitehouse]]
| author=[[George W. Bush]], [[President of the United States]]
| date=[[November 13]], [[2001]]
| accessdate=2007-10-10
}}</ref><ref name=OrderEstablishingCsrt20040707>
{{cite web
{{cite web
| url=http://www.defenselink.mil/news/Jul2004/d20040707review.pdf
| url=http://www.defenselink.mil/news/Jul2004/d20040707review.pdf
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| author=[[Donald Rumsfeld]] [[Secretary of Defense]]
| author=[[Donald Rumsfeld]] [[Secretary of Defense]]
| publisher=[[Department of Defense]]
| publisher=[[Department of Defense]]
| accessdate=April 26
| accessdate=2007-04-26
| accessyear=2007
}}</ref><ref name=CsrtFactSheet20061015>
}}</ref><ref name=CsrtFactSheet20061015>
{{cite web
{{cite web
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| date=[[October 15]] [[2006]]
| date=[[October 15]] [[2006]]
| publisher=[[Department of Defense]]
| publisher=[[Department of Defense]]
| accessdate=April 26
| accessdate=2007-04-26
| accessyear=2007
}}</ref>
}}</ref>
Only ten of the captives held in the [[Guantanamo Bay detention camp]]s faced charges.  They faced charges before [[Guantanamo military commissions]], which were struck down by the [[US Supreme Court]].
 
Only eleven of the captives held in the [[Guantanamo Bay detention camp]]s have faced charges before [[Guantanamo military commissions]].


==References==
==References==
<references/>
<references/>

Revision as of 07:53, 19 October 2007

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Extrajudicial detention is the description applied to the holding of captives, by a state, without ever laying formal charges against them.

Detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states.

the writ of habeas corpus

In English speaking democracies, since the thirteenth Century signing of the Magna Carta, captives were able to call upon the writ of habeas corpus — literally "show the body", a legal procedure where the state was required to show that there was a meaningful, legal justification for their detention.

Detention without charge by democratic countries

In recent decades some democratic countries have introduced limited mechanisms where individuals can be detained without being charged or convicted of a crime. See, for example, the Canadian Minister's Security Certificate.

The United States use of extrajudicial detention during the "war on terror"

During its "war on terror" the United States has made eavy use of extrajudicial detention.[1][2][3]

Only eleven of the captives held in the Guantanamo Bay detention camps have faced charges before Guantanamo military commissions.

References