Home > Opinion > What happened to Habeas Corpus

What happened to Habeas Corpus

I have taken the liberty of including the following article – "What happened to Habeas Corpus” – by Steve Bergstein as I consider this to be an important issue – the rights that have being and are being tampered with are a basis of Western Law – from as far back as 1215 and the Magna Carta it is essential that these rights be protected. Although this is a bit dated it still applies in particular for Australians, as David Hicks an Australian Citizen and a UK Citizen has been incarcerated without trial for over 4 years , and it is my hope that he is released or at least sent home for us to handle post haste – I am asking the Men and Woman in authority in the United States, particularily to sent him home – he is no threat. This article is a explanation of the warp rationalization of President Bush’s thinking..

Please President Bush – Sent David Hicks home..

What happened to Habeas Corpus
By Steve Bergstein

Link to original Steve Bergstein article, Part 1

Steve Bergtsein Article – Part II

Habeas corpus is Latin a legal concept dating to pre-revolutionary America which allows prisoners to challenge the legality of their confinement.

The US Constitution actually applies concepts that date to the Magna Carta. "The due process clause of the United States Constitution was partly based on ideas from Article 39 from the Magna Carta of 1215 which states that: ‘No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement [sic] of his peers, or by the law of the land’."

Habeas corpus is one of those rights that Americans are referencing when they brag that we live in a "free country." You hear it all the time: "our troops are fighting to keep us free." Or, "unlike Communist Cuba, the government can’t treat us like animals." At some level, this is true: the government cannot just pick you off the street and lock you away for no reason. Habeas Corpus is the remedy for this repressive tactic. A judge will review your detention and decide whether it’s legal. If the judge finds that your detention is illegal, then you are free to go. Habeas Corpus is the last resort against an authoritarian government.

Here’s the bad news: in the fear surrounding Bush’s war on terror, Habeas Corpus has been cut out of existence, at least for any number of people who are unfortunate enough to run afoul of the war on terror and the Bush administration’s concept of an aider and abettor of terrorism.

Check out the links for the full article

Categories: Opinion
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