Psyche, Science, and Society

UN human rights official denounces “Torture and Indefinite Detention Act” as ilegal

October 28th, 2006

From the Associated Press, via Common Dreams:

Washington’s new anti-terrorism law could end up violating international treaties protecting detainees, with some provisions denying suspects the right to a fair trial, a key U.N. rights expert said Friday.

Martin Scheinin, the United Nations’ expert on protecting human rights in the fight against terrorism, said the Military Commissions Act signed into law earlier this month by U.S. President George W. Bush contains provisions “incompatible” with U.S. obligations to adhere to treaties on human rights and humanitarian law.

“One of the most serious aspects of this legislation is the power of the president to declare anyone, including U.S. citizens, without charge as an ‘unlawful enemy combatant’ - a term unknown in international humanitarian law,” said Scheinin, a legal expert from Finland.

As a result, he said, those detainees are subject to the jurisdiction of a military commission composed of military officers - rather than a civilian court of law.

He also deplored the denial of the habeas corpus rights of foreigners - including legal, permanent U.S. residents - to challenge the legality of their detention, “in manifest contradiction with” the International Covenant on Civil and Political Rights, a treaty the U.S. ratified in 1992.

Another concern, Scheinin said, is the denial of detainees’ rights to see evidence that could exonerate them if the evidence….

I’ve deleted the usual nonsense from U.S. officials on how its all perfectly legal.

Entry Filed under: Guantanamo, International Law, Law, Rights and Liberties, Social Issues, Terrorism, Torture, War Crimes