Human Rights Violations at Guantanamo Bay
Hundreds
of foreign nationals are being held in prison camps at the Guantanamo Bay U.S. Naval Base since January 2002 without access to any court, legal counsel or family visits. Despite repeated appeals by international organizations such as Amnesty International and Human Rights Watch as well as several governments around the world, the U.S. administration refuses to grant the detainees prisoners of war (POW) status or bring charges against them under the due process of law. In this essay, I shall explain why the continued detention of the Guantanamo Bay prisoners without trial is a violation of international and U.S. law and how their human rights are being violated.
Status of Prisoners Not Revealed
Most of the prisoners being held in Guantanamo Bay were captured during the U.S. invasion of Afghanistan. Other inmates of Guantanamo are those who were captured elsewhere by various governments and handed over to the U.S. authorities. The U.S. government classifies the prisoners as illegal enemy combatants, while refusing to bring them before a "competent tribunal" to determine their status, as required by Article 5 of the Third Geneva Convention. ("Guantanamo Bay" 2005) The U.S. authorities have also denied the rights of the due process of law to the prisoners guaranteed under the Fifth Amendment of the U.S. Constitution by taking the position that Guantanamo Bay technically lies outside the U.S. territory and the laws of the United States do not apply to foreigners held outside its territory.
Illegal Position of U.S. Authorities
Both these positions of the U.S. government, i.e., refusing to grant the prisoners rights under the Geneva Convention or the U.S. law, have been challenged...
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