Preview

Omar Khadr's Democratic Irony

Better Essays
Open Document
Open Document
796 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Omar Khadr's Democratic Irony
Democratic Irony

Torture without reason in a democratic country is at it’s best unjustified and ineffective.

The United States of America prides itself as being one of the most powerful democracies around the world and The U.S.’s continued use of Guantanamo Bay, a corrupt institution, as an interrogation facility provides a great example of their ignorance toward basic human rights, their unwillingness to release possibly innocent immigrants back to their countries and lastly disregarding the option of altering interrogation methods or the closing of such an institution.

The U.S. being one of the world’s superpowers also infringes upon human rights by funding and supporting Guantanamo Bay. Guantanamo Bay demonstrates the
…show more content…
A fifteen year old kid who was alleged to have thrown a grenade killing an American soldier was brought to Guantanamo Bay and was detained there until last year. Omar Khadr was held at Guantanamo Bay and during 2008 he applied to the federal court for judicial review of the governments decision to not seek his repatriation. He claimed that his s. 7 and rights were infringed. “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” The court found Khadr’s s. 7 rights breached as a result of the “frequent flyer program”. Khadr was not given any immediate counsel at the time of his arrest, breaching s. 10(b) of The Canadian Charter of Rights and Freedoms.“Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.” Like many other detainees at Guantanamo Bay Khadr’s right to habeas corpus was infringed, which is s. 10(c) of the charter. “Everyone has the right on arrest or detention to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.” Lastly, Khadr was brought to Guantanamo Bay during year 2002 and was not tried for murder until year 2007, which breaches his s. 11(b) rights. “Any persons charged with an offence has the right to be tried within a reasonable

You May Also Find These Documents Helpful

  • Satisfactory Essays

    An assumption made by the Bush administration in selecting this location was that it was beyond the jurisdiction of U.S. courts. The administration wanted to avoid any judicial oversight of how it handled detainees, characterized as “enemy combatants.” A possible legal challenge to indefinite detention with no formal charges or judicial proceedings might arise from the habeas corpus provision of the Constitution.…

    • 6132 Words
    • 16 Pages
    Satisfactory Essays
  • Good Essays

    Cases in Canadian Law

    • 751 Words
    • 4 Pages

    Dehghani v. Canada: The appellant, a citizen of Iran, arrived in Canada on May 13, 1989, and claimed refugee status. After being questioned in the primary examination line, he was referred to a secondary examination, which involved a long wait, and, as he did not speak English, an interpreter was provided for him. At the secondary interview, the appellant omitted significant facts. This case involves two issues that are worthy of analysis, as he claims, first of all, that he was detained in a manner that violated s. 10(b) of the Canadian Charter of Rights and Freedoms during the secondary examination at the airport and, also, that this examination violated his right to counsel. The Supreme Court upheld the decision of the lower court and dismissed the appeal. This decision substantiated the right of the state to have an interest in controlling entry into the country and that it is a valid procedure for individuals to undergo questioning when crossing international borders. After the secondary examination, the appellant was advised of his right to counsel to aid him in pursing his claim and he was subsequently represented by counsel in federal court. While having counsel is a crucial right, this case substantiates that it is not appropriate to all circumstances. Counsel is not provided for routine traffic stops. Likewise, the Court is justified in ruling that it is not required for routine immigration questioning.…

    • 751 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Jennifer Daskal, the author of “Don’t Close Guantanamo” is a renowned American lawyer who is specialized in criminal law and national security law. She has served as the senior counterterrorism adviser to the “Human Rights Watch” and has also helped the US Department of Justice in prosecuting terror suspects in civilian rather than military courts. (Jennifer). The article was written in 2013, years after Guantanamo prison facility was widely exposed for its human rights violations and labeled the “Gulag of our times” by the Amnesty International and remains the cause of great anti American sentiment till this day (Khan). In the article, Jennifer, once an ardent supporter of the closure of the facility discusses why she changed her opinion.…

    • 1702 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Guantanamo bay detention camp is located in Cuba. It was opened in 2002 and is used to hold terrorist and Muslim militants. At Guantanamo bay detention center prisoners may be tortured during interrogation. This is one of the May reasons activist groups have petitioned for the closing of Guantanamo bay. On January 22, 2009 Obama started the closing of Guantanamo bay detention camp (Nolen). There have been 780 inmates that have be held at the detention camp. As of 2016 only 81 inmates remain. Those who have left have either been transferred to other prisons across the world or released in order to swap for captives (Nolen). I agree with Evan McMullin that Guantanamo bay detention camp should not be…

    • 1463 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Soon after the U.S. invasion of Afghanistan in 2001, the Bush administration developed a plan for holding and interrogating captured prisoners. They were sent to a prison inside a U.S. naval base at Guantanamo Bay, on land leased from the government of Cuba. Since 2002, over 700 men have been detained at “GITMO.” Most have been released without charges or turned over to other governments. In 2011, Congress specifically prohibited the expenditure of funds to transfer GITMO prisoners to detention facilities in the continental United States, making it virtually impossible to try them in civilian courts. As of April 2012, 169 remained in detention at GITMO (Sutton, 2012).…

    • 8316 Words
    • 26 Pages
    Satisfactory Essays
  • Powerful Essays

    POL 201 Final Paper

    • 1580 Words
    • 4 Pages

    In this paper I will be deliberate on the history of Habeas Corpus and how it has matured over the years. I will describe the beginning of the Habeas Corpus and the position it takes part in the U.S. and what recent act is being used. The United States Constitution must be more effectively unified into the Guantanamo methods to give equal civil rights to inmates despite what their nationality maybe, but to also have more cordial ways of reviewing obstructive servicemen to absolutely verify if they really should be treated as extremists that we should fear.…

    • 1580 Words
    • 4 Pages
    Powerful Essays
  • Best Essays

    Helicher, K (June 1, 2006). Guantanamo and the Abuse of Presidential Power. Retrieved from http://search.proquest.com.proxy-library.ashford.edu/history/printviewfile?accountid=32521…

    • 1396 Words
    • 6 Pages
    Best Essays
  • Good Essays

    Harnoor Chatha Professor Sumstad English-1002-16 October 19, 2014 Rhetorical Analysis Final Draft Deborah Pearlstein author, of Rights in an Insecure World, is the Director of the United States Law and Security Program at Human Rights First. Pearlstein’s purpose is to elaborate and examine different ways our rights are redefined against us after September 11 attack. The Author emphasize her claim about Liberty and Security after September 11 attack on the United States. Author’s intended audience is informing U.S. citizens and criticizing the Government officials (FBI, CIA, and interrogation team at Guantanamo Bay). Author’s main goal is to elaborate and compare how Liberty and Security rights are being violated before and after the September…

    • 1073 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    “If we allow it and justify it, we cannot complain if it is employed in the future by other regimes on captive U.S. citizens. It is a method of putting American prisoners in harm’s way”.…

    • 342 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Many people are convinced that Guantanamo Bay should be shut down for a handful of reasons, one of them is that they're not getting treated like they should be, it is also an exorbitant amount of money that us taxpayers pay just to run and keep open, some are in their with no trail no chance to prove their innocence. The people who are locked up in here are one of the world's most dangerous people or so that’s what most of the people on the outside think. The question of shutting it down and moving the prisoners to federal prison in the U.S or just keep the prison where they are running has popped up in many people's minds.…

    • 1386 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Have you ever felt like a piece of cheese on a mouse trap just waiting for that mouse to come by and eat you; maybe even a fly stuck in a spider’s web hoping that you can get away? Well I am sure if I had been one of those people in the mist of the chaos on September 11, 2001 that had changed the life of all Americans’ across the country. I would have felt no bigger than that piece of cheese or that fly caught in the web. We were victims of a horrific terrorist attack that shook the very core of our foundation as a country. Twelve years later we are still recovering from this horrendous act. We have been fighting the war on terror for ten years. This is one of the longest wars that the United States has ever fought. While the war rages on the boundaries between national security and civil liberties are blurred. “The big threat to America is the way we react to terrorism by throwing away what everybody values about our country—a commitment to human rights” (Kennedy, 2007). Individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus does not infringe upon a person’s civil liberties. In addition, habeas corpus allows an individual to question why they are being detained and ensures that detainees have a right to a fair trial; it is considered to be one of the foundations of constitutional democracy.…

    • 2236 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    One of the most debated current events that have had a hold on America and the world are the prisons of Guantanamo Bay. Since the opening of the prisons there have been reported stories of torture on prisoners, inmates being force fed and due process rights being taken away. In this essay, we will examine Guantanamo Bay from the beginnings, to the legal issues by reviewing landmark Supreme Court cases, to the world wide opinions and finally the future of GITMO. After much research, we will review how I came to my belief, that the holding of prisoners in Guantanamo Bay is unconstitutional and that the torture must be stopped immediately.…

    • 3613 Words
    • 15 Pages
    Powerful Essays
  • Powerful Essays

    Habeas corpus is considered to be one of the most fundamental guarantees of personal liberty we have enjoyed as a country since the inception of our Constitution. However, questions have arisen regarding the proper use of habeas corpus and have been brought into focus in the past decade. In the years since the September 11, 2001 terrorist attacks, hundreds of people have been detained by the United States government as part of its war on terror. Most of these detainees face indefinite detention and have neither been charged with a crime nor afforded prisoner of war status. Habeas corpus serves to protect citizens against arbitrary arrest, torture, and extrajudicial killings and is a fundamental personal liberty guaranteed by our Constitution and cannot be suspended based on that fact.…

    • 1666 Words
    • 7 Pages
    Powerful Essays
  • Best Essays

    Con Torture

    • 2313 Words
    • 10 Pages

    In a post-9/11 world, where it seems that terrorism is rampant and increasing numbers of extremists threaten the safety and wellbeing of American citizens, is it ever justified to bend the rules of legality and morality while fighting the war on terror? Whether or not the use of torture as an interrogation tactic is justified in these circumstances is questionable because of controversy about its legality, morality, and effectiveness; the use of torture would violate several international and domestic laws as well as compromise American morals and beliefs. Despite this controversy, the United States has employed these tactics in recent years to questionable effect; however, the use of it is illegal, immoral and ineffective. Torture should not be used in any circumstance because it violates American morals, political treaties, and laws, would diminish the reputation of the United States in the world, has not been proven effective by scientific evidence, and would create a future of uncertainty regarding the use of torture.…

    • 2313 Words
    • 10 Pages
    Best Essays
  • Good Essays

    Guantanamo Bay

    • 657 Words
    • 3 Pages

    There is a lot of controversy following the reopening of Guantanamo Bay. Although it prevents and stops future terrorists, this facility has reportedly abused human rights laws and is subject to torturing inmates and prisoners cruelly. An example of torture in Guantanamo Bay includes waterboarding, where a detainee’s feet are tied to the ground and a cloth is put over their head while water is poured over the detainee. The harmful effects of waterboarding include: dry drowning, brain damage and lung damage.…

    • 657 Words
    • 3 Pages
    Good Essays