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12 Oct 2010, 10:00 am
Mann (2004)1, Iacobucci J., wrote for the majority of the Supreme Court that authority exists in common law for police to detain an individual if they have “articulable cause”. [read post]
12 Oct 2010, 7:58 am
And not coincidentally it does all of this through the lens of Guantanamo, focusing relentlessly on the peculiar circumstances of slightly less than 800 individuals who have been detained there over time. [read post]
12 Oct 2010, 4:20 am
And not coincidentally it does all of this through the lens of Guantanamo, focusing relentlessly on the peculiar circumstances of slightly less than 800 individuals who have been detained there over time. [read post]
11 Oct 2010, 3:39 am
The investigation, which can be viewed in full here, reveals that there was widespread RUC brutality including beatings, genital burning and emotional abuse that was used in order to acquire confessions from detained individuals. [read post]
9 Oct 2010, 6:10 pm
They begin by asserting that targeting decisions with respect to a U.S. national in Yemen are “no less justiciable that the question[s] of whether the executive branch could indefinitely detain an American citizen captured in Afghanistan” or “indefinitely detain non-citizens at Guantanamo Bay” or “charge and try suspects in ad-hoc military commissions. [read post]
8 Oct 2010, 8:21 am
Through “re-education of labour” and other administrative detentions; a large number of people are detained without trials. 5. [read post]
8 Oct 2010, 8:21 am
Through “re-education of labour” and other administrative detentions; a large number of people are detained without trials. 5. [read post]
8 Oct 2010, 8:21 am
Through “re-education of labour” and other administrative detentions; a large number of people are detained without trials. 5. [read post]
7 Oct 2010, 2:15 am
Lord Bingham of Cornhill dies, loss of eloquent advocate for individual rights [read post]
7 Oct 2010, 12:36 am
O’Dowd’s arguments The Applicant claimed the period of detention after the expiry of the custody limit breached Article 5(3) of the ECHR, which provides that everyone who is arrested or detained shall be entitled to trial within a reasonable time or to release pending trial. [read post]
4 Oct 2010, 7:46 am
Here is the good in the bill: Permit the Attorney General to appoint counsel to represent individuals in immigration court proceedings; Provide for enhanced training for border patrol agents on constitutional law and civil rights, as well as higher standards on short-term detention conditions; Require ICE to issue guidelines for ensuring compliance with all detention requirements; Ensure prompt and adequate medical care for immigration detainees; Ensure humane… [read post]
2 Oct 2010, 7:29 am
Instead, they should exercise prosecutorial discretion and release individuals who have no serious criminal convictions without putting them into removal proceedings. [read post]
2 Oct 2010, 3:53 am
Thousands were (and still are) detained in Afghanistan and Iraq, and many of these people have also been subjected to harsh treatment.The extent to which these detentions fall within the laws of war is an open issue, but it is certainly clear that the Bush administration pushed law of war arguments at least to their limits. [read post]
28 Sep 2010, 7:07 am
” For the U.S. military and the al Qaeda and Taliban operatives it detained following September 11th, the characterization defined a group subdued enemy personnel who would be detained to prevent their return to hostilities, but who would also be denied the legal status of prisoner of war and the accordant protections of the Third Geneva Convention. [read post]
25 Sep 2010, 6:24 pm
That argument, of course, requires them to establish two things: [1] That IHL applies to individuals detained in the US on the ground that they are involved in a NIAC. [2] That the rules of IHL in NIAC justify detaining individuals accused of material support for terrorism. [read post]
23 Sep 2010, 9:34 pm
The immigration law known as Mandatory Detention requires immigration officials to arrest and detain individuals convicted of certain offenses after October 8, 1998. [read post]
21 Sep 2010, 5:36 pm
" Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose, constitutes a "seizure" of "persons" within the meaning of this provision. [read post]
20 Sep 2010, 6:26 pm
And even if some individuals accused of “material support” could be lawfully detained, I think it is inarguable that many of the activities that would qualify as material support under Humanitarian Law Project could never justify detention. [read post]
19 Sep 2010, 8:10 am
§ 4001(a), which provides that “[n]o citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress. [read post]
17 Sep 2010, 1:02 pm
Arizona law 1070 authorizes a local law enforcement to detain and question individuals that are suspected of being in the United States unlawfully. [read post]
