> Erik Reuter <[EMAIL PROTECTED]> wrote:
> 
> Rights to remember
> Oct 30th 2003 | NEW HAVEN, CONNECTICUT 
> >From The Economist print edition
> 
>    Harold Hongju Koh is professor of international
> law at Yale Law School, and was assistant secretary
> of state for human rights in the Clinton 
> administration. This is extracted from the 2003 John
> Galway Foster lecture delivered in London on October
> 21st.
<massive snippage> 

"...People living outside America sometimes suggest
that the reason is rooted in the American national
culture of unilateralism, parochialism and an
obsession with power. With respect, let me urge you to
see it differently. The Bush doctrine, I believe, is
less a broad manifestation of American national
character than of short-sighted decisions made by a
particularly extreme American administration..."

>Contrast, for example, the treatment of Mr Hamdi,
from
>Louisiana but of Saudi Arabian ancestry, with that of
>John Walker Lindh, the famous "American Taliban", who
>is a white American from a comfortable family in the 
>San Francisco Bay area.  Both are American citizens;
>both were captured in Afghanistan in late 2001 by the
>Northern Alliance; both were handed over to American
>forces, who eventually brought them to the United
>States. But federal prosecutors brought criminal 
>charges against Mr Lindh, who got an expensive lawyer
>and eventually plea-bargained to a prison term.
>Meanwhile, Mr Hamdi has remained in incommunicado 
>detention, without a lawyer, in a South Carolina
>military brig for the past 16 months...

and Rob posted:

http://www.washingtonpost.com/ac2/wp-dyn/A20028-2003Nov28?language=printer
<much snippage>

"...Jailed the night of the attacks on the World Trade
Center and Pentagon, the Algerian air force lieutenant
with an expired visa has spent the past 26 months in
federal prisons, much of that time in solitary
confinement -- even though the FBI formally concluded
in November 2001 that he had no connection to
terrorism....

"...On Nov. 15, 2001, the FBI cleared Benatta of any
connection to terrorism. In a document quoted in
Schroeder's ruling, the FBI wrote: "Given the negative
searches and after consultation . . . with FBI General
Counsel Hyon Kim and INS prosecuting attorney Ann
Gannon, the writer requests BENATTA be cleared of his
involvement in the captioned investigation." Battle
agreed last month that "the FBI's 9/11-related
interest in Mr. Benatta ended" on Nov. 15, 2001.

"But no one told Benatta. He remained locked in
solitary confinement for another five months..."


While the Algerian man is perhaps guilty of
overstaying his visa (and with torture/death probably
awaiting him back in Algeria, according to the
article, that is understandable), he was *not* guilty
of terrorism per *the FBI* -- yet proper legal
procedure - *US law* -- was not followed.

It is good that these cases are coming to light now; I
hope our collective response to these excesses proves
to the rest of the world that Americans, as a people,
are not 'parochial and obsessed with power.'  How we
handle such flouting of our own laws may be key to the
eventual 'tipping of the scale' by the
mostly-still-silent non-Western moderates.

Debbi
Lancing Boils Maru

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