IT WAS A MISTAKE TO CLOSE GITMO PRISON!
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Jan. 23rd, 2009 | 09:41 am
The reasons given for the closure are that violations of the Geneva Convention have been repeatedly perpetrated. Water boarding is the “cause celeb” in the Halls of Congress by those calling for closure ,including the new appointee designated Attorney General.hOWEVER, THEY DO NOT TALK ABOUT THE FACT THAT ONLY THREE OF THE RELIGIOUS FANATICS WERE WATERBOARDED!
But I contend, and offer for your consideration, that most of those incarcerated at GITMO have no right to protection under the Articles of the Fourth Revision of the Geneva Convention.
Article four details who is covered, and article five details who is by their actions exempt from coverage.
This quote comes via the web site:Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted in 1949 as a result of the atrocities committed by Hitlers Germany.
Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention.
Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention. In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.Italics and bold letters are mine for emphasis.
There has been every effort possible made to try these terrorist in military courts, but the courts have been very busy trying American soldiers for alleged violations such as murder of civilians.( they were found guilty in some cases, and not guilty in some, so it was important to try them) These cases have clogged the judicial calender, and now President Obama has delayed the most heinous, alleged imprisoned man for 120 days. The trial of the mastermind of the bombing of New York’s Twin Towers blg.
Bringing them to the USA will be a problem since at least three Federal Prisons have already said they do not want them, because they cannot accommodate them. Returning them to the Country of origin will result in one of two things. They will be killed by their own people, or they will return to the task of killing Americans!