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SECRET PRISONS, COERCIVE INTERROGATIONS UNDERMINE AMERICAN DEMOCRACY

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18 September 2006 :: The Editors

POLICIES THAT CIRCUMVENT OUR CONSTITUTION CONVEY A FUNDAMENTAL LACK OF FAITH IN THE DEMOCRATIC PROCESS

Until 12 days ago, the Bush administration maintained that there were no secret CIA-run “black-sites”, extralegal prison camps where accused terror suspects were held incommunicado and beyond any judicial process. On 6 September, Pres. Bush admitted to constructing and managing the prison system through the CIA, and now his government is demanding that Congress sanction a system which circumvents Constitutional law and permits “alternative” methods of coercive interrogation, presently banned under international law.

If the US Senate is persuaded to permit this re-interpretation of Article 3 of the Geneva Conventions, to permit the administration to impose methods tantamount to torture in order to obtain confessions and evidence from terror suspects, not only will US military personnel face a vastly more grave danger of such treatment themselves, but a fundamental element of American democracy will be eroded: that principle by which the rule of law and due process, not executive fiat, governs the treatment of prisoners of war and determines their guilt or innocence.

It cannot be overstated that a departure from the legal principle that only through open and fair judicial proceedings —where no prosecutorial abuse has been imposed on the accused or on the process for adjudication— can we faithfully know the final truth of an alleged criminal act, is to in fact oppose, in principle, in law and in practice, the democratic ideals on which the United States Constitution is founded. [Full Story]

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