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Prisoners in Bagram have no right to habeas corpus

jeudi 26 décembre 2013 à 13:00

A US court ruled that prisoners in Bagram in Afghanistan have no right to habeas corpus.

It is legitimate to capture enemy soldiers and hold them as prisoners of war. (If this were not allowed, prisoners would instead be shot.) Being a prisoner of war is not punishment for a crime, and no trial is needed. Of course, prisoners of war do have rights, and torture violates them.

However, the 2010 decision, about people kidnaped in other countries where the US was not at war, and then transported to Afghanistan just to hold them in prison, was wrong. Those cases are exactly like Guantanamo.