May 22, 2009

Preventive Detention

What Hilzoy says.

The power to detain people without filing criminal charges against them is a dictatorial power. It is inherently arbitrary. What is it that they are supposed to have done? If it is not a crime, why on earth not make it one? If it is a crime, and we have evidence that this person committed it, but that evidence was extracted under torture, then perhaps we need to remind ourselves of the fact that torture is unreliable.
Posted by armand at May 22, 2009 11:27 AM | TrackBack | Posted to The Ever Shrinking Constitution


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