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US Supreme Court Judgement : What should President Bush do?

Daily newsbrief journal for July 2006, also see for a global 100-page perpetual brief and follow twitter @usdemocrats

US Supreme Court Judgement : What should President Bush do?

Postby admin » Fri Jan 27, 2012 9:07 am

US Supreme Court Judgement : What should President Bush do? « Thread Started on Jul 1, 2006, 9:25pm » --------------------------------------------------------------------------------US Supreme Court Judgement : What should President Bush do?by Swaraaj Chauhanread source:"The Supreme Court building was designed on a scale in keeping with the importance and dignity of the Court and the Judiciary as a coequal, independent branch of the United States Government, and as a symbol of “the national ideal of justice in the highest sphere of activity.”" In a any democratic country it is not unusual for the Exceutive arm of the government to get into a fray with the Judiciary. However, to maintain the dignity/majesty of the law it is generally agreed that the Judiciary be given a special/honoured/privileged place in adjuticating matters of conflict/law between individuals, between individuals and the state, and issues related to the international law.Not all of us can claim judicial expertise. We need to depend on expert commentators to explain to us the meaning and full ramification of the Court judgement. For those who are interested, the full Supreme Court judgement is here.Now when the eyes/ears/minds of the world are riveted to the US Supreme Court judgement regarding the trials of the prisoners connected with the "War on Terrorism", it is a good opportunity to discuss the issue in an unbiased manner.This is neither time to gloat over the predicament of the George Bush administration, nor act like his cheer leaders. Here is a good opportunity for the Bush administration to discreetly change track and publically abide by the Supreme Court judgement (instead of making this a prestige issue). This would not only help save face, but President Bush's personal image would go up in the world. When President George W. Bush travelled to Europe last week, the future of Guantánamo Bay was high on the agenda.José Manuel Barroso, European Commission president, had warned that the US could “lose its soul” through disregarding human rights. Even the UK, Washington’s closest ally, had called for the detention centre to be closed, says The Finacial Times."In the wake of Thursday’s Supreme Court ruling, Washington’s allies are set to increase the pressure."Officials from various European countries welcomed the ruling – although they limited their on-the-record comments to emphasising both their continuing opposition to Guantánamo and the US’s responsibility in deciding how to act on the court’s judgment."In the plenary session of the Parliamentary Assembly of the Council of Europe (PACE) at Strasbourg, René van der Linden, PACE President, stated: “I welcome the decision of the US Supreme Court that the ‘military tribunals’ set up by the Bush Administration to try Guantanamo detainees are illegal. I am pleased that the US Supreme Court has come to exactly the same conclusion as our Assembly, which pointed this out nearly three years ago."The United States holds observer status with this 46-nation Council of Europe.Linden added: "Anyone detained in Guantanamo, or anywhere else, who is alleged to have committed a crime should be tried without delay – but it must be a fair trial, with all the rights and safeguards of international law, long enshrined in the US justice system of which Americans are rightly proud. Anything less is unjust and undermines the fight against terrorism."Along with the Assembly's report on alleged secret detentions, debated this week in Strasbourg, the Supreme Court's decision adds to the weight of criticism of anti-terror policies that fail to respect basic human rights."I would conclude by saying: This is a testing time for the entire American nation. The world still looks towards the USA as a role model for democratic functioning, and respects the vitality of its democratic institutions. Despite great challenges and provocations,the US institutions cannot publically abandon their belief in the Rule of Law.(The writer has worked as journalist with national and international media. At present he is Media Consultant with Press Institute of India, New Delhi. He is also Trainer/Mentor with BBC World Service Trust. Email: )
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