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Legal news from Sunday, September 17, 2006 |
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US detaining 14,000 in overseas prisons 'beyond reach of established law': AP
Natalie Hrubos on September 17, 2006 4:05 PM ET

[JURIST] About 14,000 people are currently being detained by the US in overseas prisons in uncertain legal circumstances, the Associated Press reported Sunday. Some 13,000 are being held in Iraq. US officials have told the Red Cross that 70 to 90 percent of the tens of thousands of Iraqis detained in recent years have been "mistakes." As of September 9, fewer than 1,500 of the Iraq prisoners have been tried by the Central Criminal Court of Iraq [Wikipedia backgrounder]. The US recently closed its prison at Abu Ghraib [JURIST news archive], but shifted the 3000 prisoners there to another detention facility at Camp Cropper. A total of 770 detainees have been sent to a prison in Guantanamo Bay, Cuba [JURIST news archive; JURIST report] where 455 still remain. Only ten of these prisoners have been charged with crimes.
Detainee mistreatment [CBC backgrounder; JURIST report] in Iraq has led to more than 800 investigations [JURIST report] of the actions of more than 250 US service personnel. In 14 of 34 cases, someone has been punished for the killings of detainees; the harshest sentence in these cases, however, has been five months in prison. A cause of death has been determined for only half of the 98 detainees [JURIST report] who have reportedly died so far in US custody, not including three suicides at Guantanamo in June of this year. AP has more.


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Bush presses controversial detainee bill in weekend radio address
Katerina Ossenova on September 17, 2006 10:16 AM ET

[JURIST] President Bush used his weekly radio address [recorded audio; transcript] Saturday to reiterate his call [JURIST report] to members of Congress to pass his proposed legislation [PDF text; White House fact sheet] on military commissions [JURIST news archive] for terror detainees. Bush focused his remarks on provisions that would provide what the White House has described as "clear rules" [JURIST report] for US interrogators, disputing [State Department report] allegations that it is proposing to "reinterpret" or "redefine" Common Article 3 [text] of the Geneva Conventions that gives potentially broad scope to war crimes liability. Bush said: The information the Central Intelligence Agency has obtained by questioning men like Khalid Sheikh Mohammed has helped disrupt terrorist plots, including planned strikes inside the United States and on a U.S. Marine base in East Africa, an American consulate in Pakistan, and Britain's Heathrow Airport. This CIA program has saved American lives, and the lives of people in other countries.
Unfortunately, the recent Supreme Court decision [in Hamdan v. Rumsfeld, ruling that Common Article 3 applied to US detainee interrogations] put the future of this program in question, and we need this legislation to save it. There is debate about the specific proposals in this bill, and my Administration will work with Congress to find common ground. I have one test for this legislation: The intelligence community must be able to tell me that the bill Congress sends to my desk will allow this vital program to continue. Bush's proposal is currently competing for passage with another bill approved [JURIST report] Thursday by the Senate Armed Services Committee [official website] which rejects Bush's bid to narrowly define the Geneva Conventions' standards for humane treatment of prisoners, fearing that it could lead other countries to interpret the Convention to meet their own needs and thus putting US troops at risk for abuse. Reuters has more.


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