Insomnia Log

This is what keeps me awake at night???

Who needs sleep? (well you’re never gonna get it)
Who needs sleep? (tell me what’s that for)
Who needs sleep? (be happy with what you’re getting,
There’s a guy who’s been awake since the second world war)

-- words and music by Steven Page & Ed Robertson

Location: Boulder, Colorado, United States

Everything you need to know about me can be found in my posts

Sunday, March 18, 2007

Mr. Castro, Let Our Terrorists Go!

One of the major arguments for denying basic Constitutional rights (such as habeas corpus, due process, ban on cruel and unusual punishment, jury trial, confronting of witnesses, etc.) to the prisoners being held at Guantanamo Bay is that the prisoners are outside sovereign U.S. territory.

Well, if Gitmo isn't part of the U.S., then it must be part of Cuba. That means that we should be turning these prisoners over to the government of Cuba. Or at least we should be looking at Cuban law to determine how to treat these people.

To make it easy for those running Gitmo, I've summarized some of the relevant aspects of the Cuban constitution.

The Cuban constitution claims sovereignty over the entire island of Cuba, and the Cuban government does not recognize the jurisdiction of the U.S. government over the Naval base at Guantanamo Bay. According to the Cuban constitution, foreign residents within Cuba are equal to Cuban citizens in terms of rights provided by the constitution. This implies that Gitmo prisoners are due all of the rights guaranteed by the Cuban constitution.

According to the Cuban constitution, all prisoners are guaranteed inviolable personal integrity. Trials and sentencing must be by competent courts based on existing laws and as guaranteed by law. Every prisoner has the right to a defense.

Also, no violence or pressure of any kind can be used to force people to testify. If such violence or pressure is used, any statements used will be null and void, and those responsible for the violation will be punished.

So, as I see it, we have a few choices with regard to these prisoners. We can bring them to the U.S. and provide them with the guarantees of the U.S. Constitution. Or we can turn them over to the Cubans and them them provide them with Cuban justice. Or we can treat them under the guarantees of the Cuban constitution. Or we can let them all go free.

Mr. Bush, your choice.

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