Wednesday 23 November 2011

Torture Stock Riding High Under Obama

'......the Obama administration slammed the door on constitutional challenges to torture. It reiterated the Bush administration’s position, arguing that “aliens held at Guantánamo do not have due process rights,” limiting the Supreme Court’s decision in Boumediene to habeas corpus only. In other words, it was the position of the Obama administration that even though the Supreme Court had found a constitutional right for detainees to challenge their confinement, detainees had no constitutional right not to be tortured while in confinement. The Obama administration also insisted that it was not sufficiently clear that the Constitution prohibited torture of aliens, and so “a reasonable officer would not have concluded that plaintiffs here possessed Fifth and Eighth Amendment rights while they were detained at Guantánamo.” full story here.

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