津巴布韦的永久性关塔纳摩

    约翰内斯堡--美国最高法院上周裁决,关塔纳摩湾的被拘押人员具有人身保护权,也就是他们有权在法院对其关押的事实和法律基础提出质疑。听到这一消息我兴奋不已。我在过去四年时间里一直奔波,为的是确保美国的关押和审讯政策符合法治,包括监督关塔纳摩湾的军事审判。但是,我现在身处津巴布韦边境,兴奋大为减少,因为这一国家的人身保护法令和法治遭到了践踏。

    拉丁文中的“人身保护”是英国习惯法的一个古老原则。美国宪法吸纳了这一原则来确保人身自由不受国家的非法压制。它曾经是对在没有独立法院监督下拘禁人身的一个重要制衡,而且也将继续如此。在津巴布韦,这一权利如同其他许多制衡机制一样已经被专制国家所撕毁。

    在美国最高法院做出裁决前几个小时,反对派民主变革运动秘书长彼迪在返回津巴布韦的时候被捕。尽管他的律师马上就开始寻找他,但是还是连续几天不知下落。警方拒绝了法院最初要求把彼迪交付法院的命令。

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