Civil Liberties, Habeas Corpus, and the War on Terror

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Civil Liberties, Habeas Corpus, and
the War on Terror

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Civil Liberties, Habeas Corpus, and
the War on Terror

• During the Bush administration, many war
  prisoners were captured in Afghanistan but it
  took caution in interrogating them. They were
  held at Guantanamo Bay, a land leased to the US
  by Cuba.
• The plan of the government was to prevent the
  application of Habeas Corpus that would see the
  prisoners gain temporary freedom. This action was
  later appealed, and the prisoners obtained a writ
  of Habeas Corpus.

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Civil Liberties, Habeas Corpus, and
the War on Terror

• The action begged the meaning of civil liberty
  and the relevance of Habeas Corpus if there was
  another opportunity. It also raises questions on
  the role of the president, Congress, and the
  Judiciary in civil liberties in the event of war.
  
• This paper argues that the executive and the
  Judiciary are essential in civil liberties, but
  one ought not to outdo the other.

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Civil Liberties, Habeas Corpus, and
the War on Terror

• History of Habeas Corpus
• Habeas Corpus implies a legal precedent, which
  holds that a prisoner ought not to be held in the
  police custody without a reason. The term applies
  to a writ of Habeas Corpus, which is a written
  directive or request to the custodian of the
  arrested victim.
• The custodian could be a prisoner official,
  sheriff, or police, and a written request
  requires the custodian of the accused victim to
  bring him/her to court.

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Civil Liberties, Habeas Corpus, and
the War on Terror

• The writ challenges the custodian to bring
  evidence that warrants the detention of the
  accused. The writ is not an inquiry into the
  evidence of detention, but rather a challenge to
  the legality of detaining the accused (Ford,
  2011, p. 725).
• Upon examining the reasons for detaining the
  accused person, the court can either remand or
  release the accused based on the strength of
  evidence.

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Civil Liberties, Habeas Corpus, and
the War on Terror

• Habeas Corpus is a tool for controlling the
  executive powers of the government in wrongful or
  forceful detention of prisoners. It has its
  origin in the English common law in the 14th
  century.
• In 1679, it became a statutory law in England
  when the US was under the colonial rule of the
  British. Therefore, the colonial courts in
  American issued the writ based on the common law.
  After independence, state governments continued
  to use the law in their jurisdictions.

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Civil Liberties, Habeas Corpus, and
the War on Terror

• The Constitution of the US did not make explicit
  provision for the writ. It only stated that the
  writ could not be suspended unless in the event
  the accused is deemed a threat to the public.
• In 1789, the Judiciary Act came into place,
  whereby through the Act, the congress gave
  authority to the federal courts to issue the
  Habeas Corpus to criminals who were supposed to
  be tried in federal courts, as well as those who
  were being detained in federal facilities.

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Civil Liberties, Habeas Corpus, and
the War on Terror

• Suspension of the Habeas Corpus
• In 1807, it was realized that the federal courts
  had no power to send Habeas Corpus to the courts
  in the state or local courts. In 1822 and also in
  1930, the court held that federal courts with no
  appellate jurisdiction on criminal cases were
  only required to issue the writ before the
  conviction of the prisoner (Ford, 2011, p. 726).
• Before the civil war, the Habeas rights were
  extended to prisoners in state facilities by the
  congress in two ways

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Civil Liberties, Habeas Corpus, and
the War on Terror

• In the first case, federal courts were authorized
  to grant the writ to state criminals convicted
  based on federal laws.
• The second case was in 1842, whereby the congress
  gave the federal court the authority to issue a
  writ to foreign convicts in the state custody for
  actions the convicts performed on behalf of their
  governments.
• Further amendments were made in 1871 when the
  fugitive Act was passed, and the amendments
  barred the state courts from freeing federal
  prisoners by issuing a writ (Ford, 2011, p. 727).

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