Oct. 4, 2005

"Rule Of Law" Dead In America

"I am slowly dying in this solitary prison cell," says Omar Deghayes, a British refugee and Guantánamo Bay prisoner. "I have no rights, no hope. So why not take my destiny into my own hands, and die for a principle?" This magazine goes to press on the forty-ninth day of the Guantánamo hunger strike. In 1981 near Belfast, Bobby Sands and nine other members of the IRA starved themselves to death. The prisoners had insisted that they be treated as POWs rather than criminals. They died before the British government accepted that its use of kangaroo courts and its policy of "criminalization" did not just betray democratic principles; these methods functioned as the most persuasive recruiting sergeant the IRA ever had. How soon these lessons are forgotten. Three and a half years of internment without trial in Guantánamo, and any US claim to be the standard-bearer of the rule of law has dissolved. But there are two important distinctions between the experience of Sands and Omar Deghayes: The US military has insisted on secrecy regarding Guantánamo, and the US media have been compliant in their apathy. Despite the traditional British hostility to free speech, every moment of Bobby Sands's decline was broadcast live. In contrast, nothing we lawyers learn from our Guantánamo clients can be revealed until it passes the US government censors. Thus, two weeks went by before the public even knew there was a hunger strike, and the military has been allowed to dissemble on the details since. (continued) http://www.cjrdaily.org/archives/001875.asp

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