These days, there is a feeling that Washington, DC, along with most of the Western world, was transported back to the 1930s, when fascism was open on the march. And the latest executive order of President Donald Trump, who promised to send 30,000 “illegal immigrants” to the Guantanamo Bay, Cuba safely adds this vibe.
When I say Guantanamo Bay, of course, I mean American abroad that has achieved notority after September 11 as a number one torture camp for those who have retreated to “war against terrorism”. I know myself with this place – I often call it my Caribbean resort of your choice – because I represented dozens of people detained there, brought the first case against administration George W Bush (Rasul v Bush) related to it back in 2002. I visited the object located in US Navy 42 times a total of 42 times.
Trump’s latest plans for the use of Guantanamo as the Center for Unformed Immigrants have been very appropriate for the decade history of the base as a place of violation of American international law.
One of the consequences of the Spanish-American war in 1898 was the independence of Cuba from its European colonial masters, but it came at a price: 1901. The US wrote an amendment in the Constitution of a country that enabled US intervention and insisted on lease two years later, no date Spread, in a magnificent port and 45 square kilometers (116 square kilometers) of territory. Rent for all this is currently $ 4,085 a year, about the same as a very cheap apartment in Miami.
The base was important for the US Navy a century ago as coal for US ships that patrol the Caribbean and the Southern Atlantic. Today, his military significance has decreased. However, it turned out to be useful in a series of American efforts on the skirt of the human rights law.
In the early 1990s, the unrest at the nearby Haiti threatened refugees in southern Florida. All Haićans who manage to reach American soil would be entitled to all the rights of the legal population. Now they have come up with crowds – that if refugees are picked up on the high seas, before they reached American soil, these rights will never be attached, because Guantanamo is a technical cubic territory. Thus, the government set a detention center called Camp Buckley, and the US coastal guard “darkened” the Haitian refugees before their fragile fleet reached the Florida keys and took them to the Navy base.
AND Constitutional Rights Center adopted a civil proceedings, then challenging the Camp Buckley legal fiction, but in 1993 the Supreme Court ruled 8-1 in Sales V Haitian Center Council that the strategy was legal. In his lonely disagreement, Justice Blackmun wrote: “Today’s majority … decides that forced repatriation of haitian refugees is perfectly legal, because the word” return “does not mean return”- given that they have never arrived in the United States in the first place . Yet, when the last Haitium left Guantanamo in 1995, this seemed like a dark chapter of laws that would be transformed into history.
There was no. After September 11, Bush’s administration wanted to make a loud statement that it was “doing something” about terrorists who performed the attacks, and everyone obviously died by committing their crime. When a populist government pretends to take meaningful measures, he thinks it is appropriate to cover up patent flaws in plan. When the administration lawyers remembered the sale verdict, they thought that if the detainees were taken to Guantanamo, they would not have rights and the lawyers could safely keep in the way.
Starting on January 11, 2002, the detainees began to arrive. We sued six weeks later, February 19, when we were able to find a member of the British prisoner family who could act as our client. The legal consensus was that we would lose, the detainees would not have legal rights, and the government false narrative would remain preoccupied with secret.
I have not always agreed, and luckily, the American Constitution eventually proved more resistant than predicted by Naysayers. It’s been two years, but on June 28, 2004, the Supreme Court handed over Rasul v Bushrecognizing the legal rights of the prisoner. Soon after that, I could visit clients. However, in the last 20 years since Guantanamo still proved to be a study of a case of populist excessive age.
From the beginning, our plan was to open a prison until the public surveillance, which would discover the madness of the entire company.
There were 780 detainees in prison who considered themselves the “worst” terrorists in the world. Today there are only 15 left, which means that 765 remained, unfortunately nine of them in the coffin. In order to be released, the detainee must prove that “is not a threat to the US” – so, using her own metric, the government made a mistake in about 98 percent of cases. This was because they had now bought most of the detainees with the killers and then tortured them into false statements of guilt. Among those who remain, the US failed to condemn even Khalid Sheik Mohammed for his avoided role in planning 11. September, mainly because he undermined any legal procedure using medieval torture on it.
There are few schemes in history that are so terribly wrong. The hypocrisy of Bush’s administration, which is considered the protector of democracy and the rule of the law, was a yeast that fermented such a strong hatred that, until 2004, David Rose quoted an American intelligence officer who spoke “for every detainee,” I assume that I Create 10 more terrorists. “
Which leads us to the executive order of Donald Trump. He wants to take 30,000 “illegal foreigners” there – which I guess is a pretty inappropriate 0.23 percent of 13 million The people he promised to get out of the country. Instead of the worst terrorists promised by his predecessors, he tells us that the camp will now “detention the worst criminal illegal aliens threatening the American people.” That, he claims, will make America safe – obviously in the same way that holds “terrorists” there in the past.
It’s all a very toxic pipe dream. That doesn’t mean he won’t do it, as George W Bush did. Indeed, on one of my many trips to Guantanamo, I walked through camps that have long been built on the basis – hundreds of millions of dollars have already overwhelmed by preparing the expectation that the death of Fidel Castro will result in a flood of refugees to flee the Satanian sin of communism. Because the vast majority of prison camps are now empty, they also have several hundred real prison cells.
But it seems that Trump’s lawyers have forgotten that all his victims will be taken away from the US mainland this time, and therefore have the right to full Pan’s legal right that gave the Constitution. Lawyers will be allowed. The judiciary will have to be real, not Kangaroo the courts of military commission in Guantanama. There will be no secret that has protected Bush’s project for too long from public control.
I’ve been there 42 times already. The last of my 87 “terrorist” clients was published just a few weeks ago. I guess that means I may need to go back to my Caribbean resort a few more times. Again, this will be the case of the Constitution V President. Again, I bet the Constitution will win.
The views expressed in this article are the author’s and do not reflect the editorial position of Al Jazeere.
