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Detainees: DoD issues new directive as
Senate tries to step in
By Steven C. Welsh
Nov. 14, 2005
The Pentagon has issued a new directive on detainees and interrogation. The
directive explicitly prohibits torture and requires the humane treatment of
detainees but does not define either concept and does not address the potential
diversity of standards resulting from arguments that different laws should apply
to different sets of detainees. It therefore falls short of working towards the
uniform treatment of detainees envisioned by an amendment to the Fiscal Year
2006 defense appropriations bill adopted by the U.S. Senate 90-9. Claiming
simply to consolidate preexisting standards the directive nevertheless
establishes conditions for access to DoD detainees by other agencies and foreign
parties and establishes requirements for the reporting of violations. It
also addressess the activities of medical personnel and guards, and the use of
dogs ...
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Guantanamo Bay:
Rasul v. Bush Supreme Court Decision, Summary and Analysis
By Steven C. Welsh
June 30, 2004
With a decision notably brief for the mountain of argument leading up to it,
the U.S. Supreme Court in Rasul v. Bush has held that foreign nationals
imprisoned without charge at the Guantanamo Bay interrogation camps are entitled
to bring legal action challenging their captivity in U.S. federal civilian
courts ...
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French Nationals Released From Guantanamo Bay
Steven C. Welsh
July 28, 2004
In its news release, DoD acknowledged that the circumstances in which some
detainees were captured were "ambiguous." In litigation before the U.S. Supreme
Court, it was alleged that some detainees were seized by local parties in or
near Afghanistan and turned over in exchange for bounties. Of the detainees who
have been transferred to their home countries, most appear in the end simply to
have been set free. At the same time, DoD continued to hint at the prospect of
holding a detainee captive solely in an effort to extract information, even if
the captive posed no threat to the United States ...
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