Sunday, November 13, 2022

Ignoring the Magna Carta

In 1215 a group of barons in England forced King John to sign the Magna Carta.  That document recognizes the doctrine of habeas corpus.  It says that you cannot be detained by the government without being charged with a crime.  It prevents the government of England from arresting you and then holding you behind bars indefinitely.  Habeas corpus is also enshrined in the United States Constitution.

Late last month the U.S. government freed Saifullah Paracha from Guantanamo.  Mr. Paracha was 75.  He was captured in July 2003 in Thailand in a “sting” operation.  He was originally held in Afghanistan, then moved to Guantanamo after 14 months.  He maintained his innocence throughout his incarceration.

He was never changed with a crime.

See Carol Rosenberg, "Guantanamo's Oldest Prisoner, Never Charged, Is Released and Returns to Pakistan, New York Times (Oct. 30, 2022), p. 27.

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