Senator Leahy has stated that all detainees, whether in
Iraq, Afghanistan, Guantanamo Bay, Cuba, or elsewhere,
should be afforded the protections of the Geneva
Conventions.
Congressional oversight and legislation plays an
important role in ensuring that the government lives up
to its international obligations.
In the fall of 2001, Senator Leahy urged the Administration to
work with the United State Senate on establishing military commissions
to ensure their legitimacy, their efficiency, and their effectiveness.
Unfortunately, there was no response from the Administration to these
efforts. Instead, five years later, the Senate was forced to consider
hastily written partisan legislation in the days before the Senate left
for recess last fall. On September 28, the Senate passed this bill by a
vote of 65 to 34. The bill was passed out of the House of
Representatives the next day and was signed into law by President Bush
on October 17, 2006.
The Military Commissions Act eliminated the writ of
habeas corpus for any non-citizen, including lawful permanent residents,
that the Administration claims might be an unlawful enemy combatant.
Filing a writ of habeas corpus, a traditional term for asserting legal
and constitutional rights in federal court, is often a detainee’s only
opportunity to openly challenge the basis for his or her detention.
As
the chairman
of the Senate Judiciary Committee, Senator Leahy has
held hearings on
bipartisan legislation introduced by he and Senator Specter to
restore the great writ of habeas corpus to all Americans. He is
committed to preventing future acts of terrorism and brining to justice
those involved in terrorist campaigns, without sacrificing the country's
centuries-old commitment to the rule of law.
Sen. Patrick Leahy speaks before a crowd of
hundreds about the importance of restoring habeas corpus rights at the
"Day of Action to Restore Law and Justice" on Capitol Hill on June 26,
2007.
Statements, Letters, And Releases About
Restoring The Right Of Habeas Corpus
The
Congressional Research Service provides members of
Congress with non-partisan research and analysis of
legislation and issues. It's my goal to make
all of these reports available to the tax payer.
You can read more about my efforts
here.
Until then, I've made the below reports available in
PDF form to help you research this issue further.
Habeas
Corpus
