Цитаты
Человек должен заново открыть в своей душе глубочайший смысл ответственности перед миром, что означает ответственность перед чем-то высшим, чем сам человек. Вацлав Гавел |
|
|
|
|
Conclusion concerning statement of the Ministry of foreign affairs of RF in connection with approval of budget of the USA military office for 2012
|
|
|
|
 The Ministry of foreign affairs of Russia made a statement that new legislation of the USA in the sphere of counteraction to terrorism does not correspond to international norms and promises negative international consequences.
Discontent of our diplomats was caused by provisions contained in the law on the Pentagon budget for 2012 signed by the president of the USA Barack Obama. In the opinion of our diplomats, the essence of innovations of the law is that corresponding federal offices and civil courts of USA are actually removed from execution of procedural action with persons suspected of terrorism and in particular of ties with “Al-Kaida”. In these cases the authorities are actually passed to military tribunals and prison commissions. Russian diplomats think that these provisions of the law and its expansive interpretations may lead to quite negative consequences: being authorized with new rights, the military men may arrest those suspected of terrorism at their own discretion actually in any point of the Earth and make them subject to unlimited imprisonment. In fact the judicial authority would be executed by “court martial” tribunals and prison commissions but not by constitutional bodies of justice. In this case subjectivity of approach and incompetence may prevail, and as a result of this people (both American citizens and citizens of other countries) may be subject to lawlessness and suffer being accused by mistake.
The new legislation was already subject to sharp criticism from American and international human rights organizations.
The mentioned law provisions are actually a legislative formalization of two amendments that were introduced by Obama’s administration into the bill on budget and caused serious discussion in the Congress, and simultaneously they reflect political confrontation of Democrats and Republicans. In fact they were connected with wish of administration to close the prison in Guantanamo and provide corresponding financing and legislative base for this by amendments to the budget. Both several officials in the USA and American and international human rights organizations state illegality of extrajudicial keeping of prisoners in Guantanamo for already many years. It can’t be but admitted that the president Obama aspires persistently to keep his promise about closure of the prison but this decision runs into several serious problems including those about further fate of almost 180 persons kept in Guantanamo and suspected of terrorism.
After fierce discussions in the Congress, the amendments were included into the law on the budget in a compromise variant. Earlier the White house stated that it was inacceptable to keep American citizens in military prisons on the territory of the country but agreed that lack of such legislative settlement hampered the process of disbanding of the prison in Guantanamo considerably. With the amendment adopted, preconditions are created for solution of this problem. Criticism of the law concerning transition to “courts martial” looks not quite fair: according to the law, the general public prosecutor and head of the Ministry of defense of the USA may make joint decision who would examine the case of the person accused of terrorism: civil court or tribunal. But certainly one can’t but admit that such norms are of potential danger, and the critics are right in this. |
|
