Lawyers Oppose Secret Detentions
The ABA today officially passed a resolution opposing the 9/11 Secret Detentions.
The resolution "opposed incommunicado detention of foreign nationals in undisclosed locations by the Immigration and Naturalization Service" and urged that the detainees names be disclosed and they be given immediate access to lawyers and family members.
In urging the protection of the constitutional and legal rights of these detainees, the ABA recommended the following:
"-- disclosing their names, whereabouts and charges against the detainees, and assuring them access to lawyers and family members.
-- promptly charging detainees or releasing them when charges are not brought.
-- providing prompt custody hearings before immigration judges to determine detention and bond issues, with the opportunity for appellate review.
-- conducting public hearings on whether to deport a detainee, except when the individual's safety might be threatened or a judge finds information likely to be disclosed that would compromise national security.
-- permitting independent agencies to visit the detention centers and to meet privately with detainees to monitor compliance."
Last Friday, the group released its report on the 9/11 detainees written by the ABA Task Force on Treatment of Enemy Combatants. The task force, chaired by Miami lawyer Neal Sonnett, included military law experts, prosecutors, judges and defense counsel.
The report calls for detained citizens to have the right to counsel and judicial review of their cases. The report did not address the rights of foreign nationals who are detained as combatants.
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