Senate Judiciary Committee Votes to Restore Right of Habeas Corpus

The Senate Judiciary Committee will be drafting legislation Thursday, to begin the process of restoring the right of Habeas Corpus for people detained by the United States, according to a press release on the American Civil Liberties Union's website. The legislation will reportedly pass to the senate floor by the end of June.

The writ of Habeas Corpus is a constitutional right guaranteeing individuals fair and due process; it's specific purpose is to protect people from indefinite and illegal detention. The writ has been suspended several times in the United States History, usually during periods of war.

The most recent assault on the writ came with the passing of the Military Commissions Act. "Section 6 of Military Commissions Act strips any non-citizen, declared an enemy combatant by any president, of the right to be heard in court to establish his or her innocence, regardless of how long he or she is held without charge." according to the ACLU's website.

Passage of the act effectively stripped Habeas Corpus rights from anyone declared an enemy combatant, and gave the government power to indefinitely hold detainees without charging them. The act also prevents detainees from challenging their detainment in U.S. courts.

The ACLU praised the Judiciary committee's decision. Caroline Fredrickson, Director of the ACLU's Washington Legislative Office, had this to say about the situation: "The Judiciary Committee is acting today to restore one of the most fundamental rights in America, the great writ of habeas corpus."

"It is clear that the kangaroo court at Guantanamo Bay is not constitutional, as was made clear by the dismissal of charges against a Canadian citizen by a military judge on Monday. The process needs to be scrapped and Congress needs to treat the detainees in the war on terror in a just manner that begins with restoring habeas corpus," Fredrickson said, according to the ACLU.