Guantanamo Bay Detention Facility

GUANTANAMO BAY DETENTION FACILITY 4

GuantanamoBay Detention Facility

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Question1

Inmy opinion, United States should not try the detainees imprisonedfollowing the military campaign in Afghanistan in 2001. The primaryaim of their arrest was to interrogate them about their involvementin the Al-Qaeda terrorist attacks. The process is not fair enough tothe detainees. Some of them have been released without trial with noclear grounds while others have been transferred to their countriesfor further detention. Reports show that the detainees have not beencharged with any formal criminal offence and hence detaining them forall this long is against their fundamental human rights (Garland,2011). United States should release the detainees if no substantialevidence is gathered or transfer them to their homelands for furtherquestioning. The United States court should only try them they havesufficient evidence against them.

Question2

Theconstitution of the U.S protects the rights of inmates irrespectiveof the crimes committed (Garland, 2011). The prisoners of theGuantanamo Bay have judicial rights that should be afforded to them.First, inmates enjoy the right to be free from inhuman conditionsthat are considered cruel punishments. These are sentences thatviolate the human dignity such as beheading and burning alive amongothers. The other right is to complain if the prison environment isnot favorable. Inmates have the right to sue prisons if they arebeing mistreated. The prisoners in Cuba are injured and hence can suefor such actions. Pre-trial is also an important right to thedetainees (Garland, 2011). Inmates who are waiting for their trialhave a right to placed inhumane conditions and cannot be punished.

Question3

Aconfession refers to a statement made by a person acknowledging hisguilt in committing a crime. The primary function of the judiciary isto determine whether the accused are guilty or not and throughconfessions the court acquires substantial evidence. However, theconstitution mandates that the disclosure must be made freely withoutany psychological pressure applied (Garland, 2011). Reports show thatthe detainees were tortured and hence any confessions made thereaftercannot be used as evidence against them. The constitutions statesthat police officers cannot false offenders to confess to a crime.The court rejects any form of coerced confessions provided asevidence.

Reference

Garland,N. M. (2011). Criminal evidence (6th ed.). New York, NY: McGraw-Hill