Civil Liberties, Habeas Corpus and War on Terror

Civil Liberties, Habeas Corpus and War on Terror

Introduction

On the sunny day of September 11, 2001; two Aero planes hit the famous twin towers of World trade centre resulted in the collapse of hundred floors of the building and that act of terrorism pushed America on the pathway of New World Order. A war started against the suspected enemies and terrorist in such a hurry that even the United States foreign department could not justify the retaliation without evidence. War began from US's military strike on Afghanistan which was ruled by Taliban at that time. From Afghanistan, the war reached Iraq and Pakistan. Thousands were killed. Hundreds of people arrested and detained by America. For inquiry and investigation, US detained prisoners at Guantanamo Bay Jail which is a land leased by the Government of Cuba. At Guantanamo (commonly called GITMO), the detention of suspected terrorists without a fair trial was an immense concern for the Human Rights Activists across the globe (Clapham, 2007).

Habeas Corpus is a Latin word which refers to the right of fair trial provided to the prisoner or detainee. The writ of habeas Corpus is a judicial direction which restricts government to bring prisoner or suspect to court and allow him or her to file a petition or ask for legal aid. According to the article one of the Constitution of America, the writ of habeas corpus can be suspended in case of rebellion against the state or government and in case of invading national security (Kelly, n.d)

The detainees at GITMO called the “enemy combatants”. America and specially the Bush administration faced staunch criticism on curbing the civil liberty and human rights of the detainees at GITMO. Even the United States court challenged the claim of US government that the detainee has the right to challenge his status of enemy combatant. In 2004, Hamdi v. Rumsfeld case, court rejected governments claim and considered that no citizen shall be deprived of life, liberty or property without having transparent opportunity of fair trial in court (Sriram et al, 2009).

Discussion

Habeas Corpus: Meaning and History

Habeas Corpus refers to the law which ensures the physical safety and civil liberty of all citizens according to the constitution. Its origin if found in history in the 39th clause of Magna Carta by King John in 1215. It stated that no one shall be imprisoned or detained against the law of the land. In the sixteenth century, English courts took this act seriously and considered this legislation.

Habeas corpus applied in 1629. A lady named Margaret Symonds laughed out loud in church. She was arrested for the reason of disturbing people during religious practice and praying. She filed a petition for habeas corpus claiming her innocence and civil rights and she was granted bail by the Judge of the court who cleared her from all charges. In the United States, Habeas Corpus is considered as a fundamental law that protects human rights, liberty and physical safety of citizens, non citizens, Prisoners ...