Monday, April 04, 2011

"Detainee" by definition is a temporary status. The definition of POW, which is the same as a detainee, is a temporary status.

With the soldiers returning from Iraq and the beginning of a draw down in Afghanistan as of July of this year, the time remaining to try POWs is very limited.

...The case of Khalid Sheikh Mohammed (click here) and four alleged co- conspirators is being referred to the military justice system, Attorney General Eric Holder said in a statement in Washington today. The military trial will be held at the U.S. prison at Guantanamo Bay, Cuba, said two U.S. officials, who weren’t authorized to discuss the matter publicly and spoke on condition of anonymity....

The Regressive National Committee candidates have engaged in 'oppositional' politics ratther than campaigns based in reality and what is best for the country.  When they were elected in mass numbers to the House in 2010 their ideologies took over the priorities of the US House of Representatives.  Faced with chronic underming of sincere justice and effective indictiments of  'oppositional politics' the Attorneys General of the USA have decided to move the trials of the most ruthless POWs.

The best path for trails of these world criminals is to indict them and try them to the standards available within the USA Justice System that would include the Death Penalty.  Indictment through the civil system in the USA would INSURE charges would hold the POWs past that of the end of war. 

The USA is facing ever escalating dynamics in Afghanistan.  The troops are seeking to make impressions upon their leaders.  The uncivilized discourse of the domestic extremists among the Religious Right within the Regressive National Committee are having severe packlash within the military theater in Afghanistan.  The possibility the draw down in Afghanistan will increase is a reality that cannot be ignored.  With all those 'factors' playing into the reality the POWs currently held in Gitmo could be released to their native countries with the removal of soldiers from the Afghan nation, time is not necessarily a reality with such 'silly' politics playing within the USA.

Detainee - A person held in custody or confinement: a political detainee.

Prison of War - A person who surrenders to (or is taken by) the enemy in time of war


 

TITLE X--MATTERS RELATING TO DETAINEES  (click here)


SEC. 1001. SHORT TITLE.


    This title may be cited as the 'Detainee Treatment Act of 2005'.

SEC. 1002. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE.


    (a) In General- No person in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Intelligence Interrogation.


    (b) Applicability- Subsection (a) shall not apply with respect to any person in the custody or under the effective control of the Department of Defense pursuant to a criminal law or immigration law of the United States.


    (c) Construction- Nothing in this section shall be construed to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United States.

Article 4  (click title to entry - thank you)

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
 
1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces....