ipl-logo

Pros And Cons Of Guantanamo Bay Detention Facility

1354 Words6 Pages

Ever since July 4, 1776, the United States has been the land of the free, home of the brave, and anyone who was in the United States had the same constitutional rights young, old, good, and bad. That fact was true until January, 2002 when Guantanamo Bay Detention Facility (GITMO) was opened. GITMO is a detention facility that was approved by congress after the terrorist attacks of 9/11 so that the terrorists can be detained, tried, and punished. GITMO is located on a naval base in Cuba it is located in Cuba so that the terrorists do not touch American soil. This sounds like a great idea of paper, trying terrorists for the horrible attacks that they have committed against innocent people, and being able to detain the convicted in Cuba away …show more content…

Due to the forced feedings happening in GITMO the lawyers of the some of the inmates took the issue all the way to the Federal District Court in the District of Columbia. Federal Judge Royce C. Lamberth ruled that the forced feedings should stop but the US government asked for an administrative stay which meant the judge had to delay his ruling until the US could get around to throwing out the ruling completely. Some prisoners in GITMO haven’t even been charged with a crime yet, also some have been waiting on their trials for years but they have yet to come. “78 number of the 149 detainees who the US has approved for transfer to home or third countries but remain at Guantanamo.” (Guantanamo Ten Years On: Facts and Figures). 78 prisoners have been allowed to transfer or return home or to another country but they are still in GITMO that is an outrage how can the United States hold these prisoners even after they have been allowed to leave? If an american prisoner was deemed free to leave jail and he was kept there would be a massive outrage in society but since it’s someone that is in GITMO and that means they must be a terrorist people either shrug it off or just turn a blind eye. The corruption in GITMO is leaking into the Judicial system and it is not a good thing if rulings are being held back and the government is impeding the process of justice. Get rid of the poisonous cloud of unrighteous and unjust justice and allow the judicial system to work unimpaired, some might see GITMO as “good” but it affects all

Show More
Related
162 Words | 1 Pages

“For the first time in American history, we have a law authorizing the worldwide and indefinite military detention of people captured far from any battlefield. The NDAA has no temporal or geographic limitations. It is completely at odds with our values, violates the Constitution, and corrodes our Nation’s commitment to the rule of law.” “For the first time in American history, we have a law authorizing the worldwide and indefinite military detention of people captured far from any battlefield. The NDAA has no temporal or geographic limitations.

Read More
266 Words | 2 Pages

Hamdi v. Rumsfeld, affirmed the authority of government to take enemy troopers, but ruled that are held in custody and are U.S citizens, they must have the right of an unsettled process such as the right to challenge their enemy solider status before an un biased authority. Bumediene v. Bush, Enemy combatant detainees at Guantanamo Bay were entitled to the 5th amendment’s protection of due process. Congress lacked the power to get rid of the federal courts of jurisdiction to entertain habeas petitions from non-citizens held at Guantanamo Bay. Hamdan v. Rumsfeld, Detainees had the right to appeal their detentions in a federal court, which was invalidated military commissions.

Read More
1579 Words | 7 Pages

Pro-CIA Torture To begin, the US and it’s central intelligence agency, also known as the CIA are torturing captives, and it’s up for debate. The US should allow the CIA to torture its prisoners. It’s a way to get very valuable information from them. The torture techniques leave no marks or traces left behind on the victim. It strikes fear in the to be tortured prisoners so that they make talk before the CIA even lays a finger on them.

Read More
1320 Words | 6 Pages

Several previous Supreme Court cases have dealt with war prisoners held in Guantanamo Bay and their rights to file writ of habeas corpus petitions. One of which is a landmark case that also was decided on in 2004. Rasul v. Bush ended with the Court ruling that prisoners held Guantanamo Bay had the right to file these petitions in order to challenge their imprisonment. Hamdi v. Rumsfeld was also used as a precedent for several future cases. In Hamdan v. Rumsfeld, Hamdan was also labeled as an enemy combatant and was given the right to object his detainment through the 5th Amendment Due Process clause (“Rasul v. Bush,” 2006).

Read More
739 Words | 3 Pages

Our government claims that as humans we are innocent until proven guilty, however this is not the case as we are locking up these unfortunate people upon their arrival. Human rights commission released that what the government was doing is illegal. Our nation in response focused not on the mistreatment of these innocent beings but instead asked for the resignation of the human rights commissioner, Gillian Triggs for shedding the truth of what is really

Read More
1540 Words | 7 Pages

Padilla’s attorney filed a habeas corpus petition on his behalf. The government’s argument was that the detention of military combatants is indefinite because it is difficult to decide when the war is over. Padilla’s attorney argued that the detention was a violation of the constitution. The US district court found that the Department of Defense had the authority to hold Padilla indefinitely.

Read More
971 Words | 4 Pages

Another long lasting effect of the authorization has been the establishment of Guantanamo Bay. Opened in 2002 by Bush’s administration, the prison camp became a staple in the American War on Terror. Guantanamo Bay remains a highly debated topic in America as some call it a necessity while others criticize the camp for inhuman treatment of prisoners. Many controversial long term effects have been created due to the Authorization for Use of Military Force, and it has left a significant impact on America’s involvement in the War on

Read More
2114 Words | 9 Pages

For those who have been declared competent for transfer, conditions are less than optimal. According to Jennifer Daskal, a former prisoner at Guantanamo, “Others happen to hail from Yemen. Although many of them were cleared for transfer, the transfers were put on indefinite hold because of instability in Yemen, the fear that some might join Al Qaeda forces, and Yemen’s inability to put adequate security measures in place.” Until the unrest in the Middle East can be solved, suspected terrorists need to stay in Guantanamo.

Read More
535 Words | 3 Pages

However, many would argue that with facilities such as Guantanamo Bay, Abu Ghraib, and CIA black sites, the punishment aspects of the law itself are null and void. The United States has engaged in detaining and sentencing suspected "terrorists" to indefinite incarceration, due process, and unconstitutional punishment. According to the agonistic perspective found in Breaking the Pendulum, the consistent instability and conflicting ideologies of the political and scene in the United States has led to a constant shift in incarceration when it comes to the indefinite detainment and punishment of suspected terrorists based on specified traits agreed upon by the collective

Read More
719 Words | 3 Pages

Recommendations Recommendation #1: Dedicate more focus on Intelligence-led Policing activities. There are several underlying issues why intelligence-led policing is not working the way it should. U.S. law enforcement agencies do not understand what intelligence is or how to manage it, agencies do not work well together in preventing and responding day-to-day crime and preventing terrorism, and lack of personnel and funding (U.S. Department of Justice, 2005, p. 3). With more funding, law enforcement agency personnel will be able to attend and receive necessary training needed to conduct intelligence-led policing activities. The training will also enable law enforcement agency personnel to understand intelligence more clearly and how it will

Read More
1027 Words | 5 Pages

Habeas Corpus Rights vs. the War on Terror Habeas Corpus is a centuries old legal mechanism enacted by the Magna Carta, signed by King John of England in 1215, and is an important part of the British Common Law tradition, and now, the American legal system. It is one of the foundations of constitutional democracy, and an internationally applied principle, mandating that a government cannot arbitrarily detain its citizens. Ever since the terrorist attacks on 9/11, however, the United States has been fully involved in a war against terrorism, and the application of Habeas Corpus is coming under question. Recently, many politicians, including the former Bush Administration called for a change in its applicability when relating to terror suspects.

Read More
1171 Words | 5 Pages

The Eighth Amendment means no excessive bail, and no cruel of unusual punishment. The Eighth Amendment is supposed to ban post-sentencing torture (Cole para. 9). At Guantanamo Bay, which is a military base on American soil, the Eighth Amendment does not apply. One way they torture people is by depriving them of sleep.

Read More
594 Words | 3 Pages

There are police officers taking care of these jails instead of monitoring the streets in every city. The following reasons are enough evidence to not have Guantanamo Bay closed down. As a country we have to think about what their people would do to our soldiers if we attack them and detained the person responsible for it they would be dead. We have witnessed many soldiers assassinated by the enemies.

Read More
1307 Words | 6 Pages

One can not rig a trial just to keep an innocent prisoner in jail forever. The prosecution is also awful here at Guantanamo Bay. “In 2004, FBI agents reported that torture was being used at Guantanamo” (Two Prosecutors Quit In Protest) Also, “The US authorities have not granted the detainees prisoner-of-war status” (Harsh Detention for Afghan Prisoners). If they are not granted prisoner-of-war status, then what even are they?

Read More
2046 Words | 9 Pages

Since the establishment of Guantanamo Bay in January 2002, almost 800 people have been detained without the right to a trial, the legality of this was brought to question in three landmark court cases, judged by the United States Supreme

Read More

More about Pros And Cons Of Guantanamo Bay Detention Facility

Related Topics

Open Document