关塔那摩监狱开始走向末路

“反恐战争”迫使民主国家深思它们可以在多大程度上保护自己的公民和外国人的民权和自由。这一争论在美国最为激烈。在该国,宪法不是“自杀协议”、为了国家安全可以采取超常措施等等老调不绝于耳。某些手段,例如未经许可调查银行记录和窃听电话损害所有人的自由。其他措施则影响到被认为是敌人的人们,最臭名昭著的是在关塔那摩湾关押约450名被指称的穆斯林战士。

面对日益增多的虐待传言,布什总统的政府已经意识到无法永远维持关塔那摩监狱。然而,它不想重复审判穆萨维的体验。在这个审判中,在被告次数众多的宣传性上诉后,最终宣布这位2001年9月11日的第20位劫机嫌疑犯有罪,处以终生监禁。因此布什政府采取了一条中间路线,也就是成立军事法庭,由军事法官负责,军事法庭认可被告的权利较少,并不得向民事法院上诉。

美国最高法院在近期的哈姆丹诉拉姆斯菲尔德一案的判决中说“不”。也就是说布什运用行政权力过分。最终,这个判决将对美国的宪政结构产生持久的影响。

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