Re: [Nettime-nl] nieuwe regels over detentie en deportatie van mogelijke doch onbewezen terroristen

["Han Speckens" <persgal@casema.net>]

THE BILL OF RIGHTS

Article I.

Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.

Article II.

A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.

Article III.

No Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed
by law.

Article IV.

The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.

Article V.

No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject for
the same offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation.

Article VI.

In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.

Article VII.

In Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by
a jury, shall be otherwise re-examined in any Court of the United States,
than according to the rules of the common law.

Article VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.

Article IX.

The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

Article X.

The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or
to the people.

Article XI.

The Judicial power of the United States shall not be construed to extend to
any suit in law or equity, commenced or prosecuted against one of the United
States by Citizens of another State, or by Citizens or Subjects of any
Foreign State....

http://www.law.emory.edu/FEDERAL/usconst.html


----- Oorspronkelijk bericht -----
Van: "ar'an noor" <ar_anwen@yahoo.com>
Aan: <nettime-nl@nettime.org>
Verzonden: donderdag 20 september 2001 2:33
Onderwerp: [Nettime-nl] nieuwe regels over detentie en deportatie van
mogelijke doch onbewezen terroristen


> Justice Drafts New Rules for Deportation
> Terrorist Suspects Would Be Removed
>
>
>  By Dan Eggen and Mary Beth Sheridan
> Washington Post Staff Writers
> Wednesday, September 19, 2001; Page A01
>
>
>
> The Justice Department has drafted legislation
> allowing the U.S. attorney general to lock up
> foreigners deemed to be terrorist suspects and order
> them deported without presenting any evidence.
>
> The only chance for an appeal would occur when a
> suspect was facing removal from the country, according
> to the draft, which has prompted alarm among
> immigration advocates and civil libertarians. Some
> said they feared the government was responding to a
> national tragedy by infringing on constitutional
> rights.
>
> The proposed anti-terrorism legislation came as
> investigators raced to hunt down suspected accomplices
> in last week's suicide assaults on New York and
> Washington, and as Cabinet members warned that more
> attacks are possible in the days ahead.
>
> A U.S. government official said yesterday that one of
> the hijackers, Mohamed Atta, was seen meeting with an
> Iraqi intelligence official in Europe earlier this
> year -- the first hint of possible Iraqi involvement
> in the plot.
>
> Members of the House and Senate intelligence
> committees also were told by White House officials in
> a classified briefing that there is reason to believe
> that further terrorist acts are being planned, a
> congressional source said. However, the government
> does not have specific information about targets or
> dates, according to law enforcement officials.
>
> Attorney General John D. Ashcroft confirmed that the
> FBI was investigating whether other airplanes had been
> targeted for hijackings, in addition to the four that
> crashed Sept. 11 into the World Trade Center, the
> Pentagon and the Pennsylvania countryside.
>
> Earlier this week, Sen. Bob Graham (D-Fla.), a member
> of the Senate Select Committee on Intelligence, said
> terrorists could try to contaminate water supplies or
> destroy bridges. Last week's attacks were "part of a
> larger plan with other terrorism acts, not necessarily
> hijacking of airplanes," he said.
>
> As part of a "concerted national assault" on
> terrorism, Ashcroft announced yesterday that he has
> created an anti-terrorism task force with
> representatives from every U.S. attorney's office in
> the country. He said he also has revised internal
> rules allowing the U.S. Immigration and Naturalization
> Service to detain suspected illegal immigrants for 48
> hours, instead of one day, before deciding whether to
> charge them.
>
> INS rules already allow any person who does not have
> legal permission to be in the United States to be
> detained for an unlimited time in "extraordinary
> circumstances," which Justice officials said would
> apply to the terrorism probe.
>
> Ashcroft said the INS has detained 75 people in
> connection with the investigation on suspected
> immigration violations. In addition, the FBI has
> assembled a list of more than 190 people it wants to
> question. At least six people have been arrested as
> material witnesses, and a federal grand jury has been
> convened in White Plains, N.Y., to hear evidence in
> the investigation, sources said.
>
> Immigration advocates said the large number of
> detentions and the proposed legislation being drafted
> by Ashcroft were troubling. According to the draft,
> provided by immigration advocates, the director of the
> INS could recommend to the attorney general that a
> foreigner here be "certified" as someone who might
> facilitate acts of terrorism. The person could then be
> detained indefinitely and deported.
>
> The measure would apply both to visitors and to
> permanent legal residents holding so-called green
> cards.
>
> Jeanne Butterfield, executive director of the American
> Immigration Lawyers Association, said the proposed
> deportation rules were more severe than legislation
> passed in 1996 allowing expanded use of "secret
> evidence" that does not have to be shown to the
> suspect. The proposed legislation would not require
> any evidence to be submitted to a court.
>
> "This proposed legislation is basically making a
> doormat of the Constitution," said Mike Maggio, an
> immigration lawyer. "It would permit the INS to serve
> as prosecutor, judge and jury with no judicial
> review."
>
> Although there appears to be broad support on Capitol
> Hill for Ashcroft's overall package of anti-terrorism
> proposals, congressional aides cautioned that
> constitutional concerns would play a role in the
> debate. "The last thing we want to do is rashly pass
> something that could be tossed out by the courts,"
> said David Carle, spokesman for Sen. Patrick J. Leahy
> (D-Vt.).
>
> Justice Department spokesman Dan Nelson declined to
> discuss the proposed legislation, which could be sent
> to Congress as early as today.
>
>
>
> __________________________________________________
> Terrorist Attacks on U.S. - How can you help?
> Donate cash, emergency relief information
> http://dailynews.yahoo.com/fc/US/Emergency_Information/
>
> ______________________________________________________
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>


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* Contact: Menno Grootveld (rabotnik@xs4all.nl).