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Habeas corpus petitions of Guantanamo Bay detainees
The nature of international human rights law has drastically changed since the attacks on the twin towers on September 11, 2001. The Guantanamo Bay detention camp is an example of recent developments that seem to disregard long standing human rights.〔Schneider, D. “Human Rights Issues in Guantanamo Bay” 68 (2004) J. Crim. L., 423〕 The United States of America (USA) has pursued a ‘seemingly deliberate strategy’ to put suspected terrorists outside the reach of habeas corpus protections.〔Londras, F. “Guantanamo Bay: Towards Legality?” 71 (2008) Mod. L. Rev, 36, at 1〕 Guantanamo Bay prison is a United States military prison near Cuba designed for the detention of non-citizens suspected of terrorist activity. At the time of its creation President Bush stated that its purpose was to respond to serious war crimes, primarily ‘a new way to deal with terrorists'.〔 The first camp was set up 3 months after the attacks on the twin towers and since then a human rights debate has begun over the legality of denying detainees the right to petition habeas corpus.
The detainees at the United States Guantanamo Bay detention camps, in Cuba have had over 200 writs of habeas corpus submitted on their behalf.
==The Great Writ==
(詳細はMagna Carta. Its literal meaning is "show the body". Its purpose is to prevent the state from holding prisoners in extrajudicial detention. A writ of habeas corpus essentially challenges the legality of the detention. When a writ of habeas corpus is filed with a court in countries which inherit elements of their judicial system from the English system of Justice the state has to show that there is a legal basis for the captive's detention—usually that they are suspected of having broken a law. The principle of habeas corpus is codified in many humanitarian law treaties and national legislation – the right of fair trial and detainment is considered a basic human right.
The principle of habeas corpus is codified in the US Constitution in article I(9)(2), commonly known as the ‘Suspension Clause’. This provides that ‘the privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it’.〔Londras, F. “Guantanamo Bay: Towards Legality?” 71 (2008) Mod. L. Rev, 36〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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