Legge Marziale e Bush...

[y4k]

Originariamente inviato da beppegrillo

ookk torna a leggere www.lososoloio.com e www.lottadiscontinua.it

The issue of aliens has been more complicated. While some argue that habeas corpus does not properly apply to noncitizens, U.S. courts have also ruled that many rights under the Bill of Rights and the Fourteenth Amendment apply to "all persons", not just U.S. citizens.

http://en.wikipedia.org/wiki/Habeas_corpus

[dantes76]

Originariamente inviato da D1o

io pasta e fagioli oggi e te? ma che c'entra?

scrivi come mangi

[beppegrillo]

Originariamente inviato da y4k

http://en.wikipedia.org/wiki/Habeas_corpus

E' stata una legge creata ad hoc per la situazione guantanamo.

President Bush signed the Military Commissons Act of 2006 into law on October 17, 2006.

With the MCA's passage, the law altered the language from "alien detained ... at Guantanamo Bay":

"Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination." §1005(e)(1), 119 Stat. 2742.

Under the MCA, the law restricts habeas appeals for only those detained as enemy combatants, or awaiting such determination. Left unchanged is the provision that, after such determination is made, it is subject to appeal in U.S. Court, including a review of whether the evidence warrants the determination. If the status is upheld, then their imprisonment is deemed lawful; if not, then the government can change the prisoner's status to something else, at which point the habeas restrictions no longer apply.