Is Detaining Detainees in Iraq Wrong or Right
If these suspects were caught in Iraq, it is only proper that they be detained in Iraq and have their day in court there rather than be shipped elsewhere. Notwithstanding the abuses committed at Abu Gharib, it is plainly the right thing to do. It is economical. It would cost a lot to transport detainees abroad since one has to take into account the expenses for using transportation (aircraft, fuel, etc.) in addition to making sure the detainees are humanely treated in terms of food and accommodations lest the US be accused of committing human rights violations.
Another point is that if detainees are taken into the US, they would be subject to the laws of the US. The would not be considered terrorists anymore but common criminals. If one were to believe what the conservatives and hard-liners would say, the detainees would be subject to the same due process as other suspected criminals go through. This would mean, appearance in court, right to legal counsel and protection from self-incrimination guaranteed by the right to remain silent. This would be considered counter-productive in the war on terror as intelligence agencies need the information these detainees can provide and if the detainee is protected by the due process of civil courts, this may prove a bane to their efforts in combating terrorism.
It is easy to understand the concerns of liberals that the rights of the detainees may not be guaranteed in Iraq because the country does not practice the same kind of due process practiced in the US, especially in the light of the incident at Abu Gharib where several detainees were subjected to various kinds of torture and abuse and liberals feel that their rights would be assured if they are taken out of Iraq (Glaberson, 2009).
By keeping them in Iraq, it is only proper that the detainees be tried in the place where they are apprehended since not only were they caught here, it can be inferred they must have committed acts of terrorism here regardless of their level of participation. Since the detainees are classified as terrorists, putting them on trial by the virtue of the US justice system is not appropriate. As terrorists, the detainees themselves have fully declared they are combatants and by doing so, they cannot be considered criminals even though the acts they commit may fall under that purview. Besides the local justice system, there are also the military commissions to take into consideration. Dealing with terrorists who have declared war on the United States and declaring themselves as combatants require that they be dealt in an appropriate manner befitting their status. Since military commissions appear to be incompatible to the criminal laws of the US, it is only proper that the detainees be kept outside the United States (Hayden, Lansford and Watson, 2003).
Based on the reasons stated above, it is only proper to keep suspected terrorists in Iraq within its borders.
0 comments:
Post a Comment