A court of appeal has ruled that foreign terrorist suspects (foreign enemy combatants) don’t have the right to challenge their detention in civil courts (source: Times). This is a serious violation of human rights.
The court decision means that detainees in Guantanamo won’t be able to challenge their detention in US courts. The rule in question is a part of the Military Commission Act passed after the US Supreme court declared unconstitutional that detainees in Guantanamo didn’t have the right to challenge their detention. Now the court’s decision keeps in force this part of the Military Commission Act.
One question the media and public opinion hasn’t been discussing that much is the extent to which non-citizens have different rights than citizens. Some countries make little distinction between citizens’ and non-citizens’ rights, while others have bigger differences. The rights of non-citizens’ in the United states have been continuously weakened (Patriotic Act, Military Commission Act, indefinite arrest without trial of foreign terrorist suspects and so on) in the war on terrorism.
But why non-citizens’ shouldn’t have the same rights? After all we are all individuals and it is therefore unfair that your origin determines what rights you have.
In the middle age it was current in many countries that laws had smaller punishments for people from the rich classes than from the poor classes for exactly the same crime. Nowadays this is seen as unacceptable. So why are we still making a similar distinction in practice? Now the distinction is between citizens and non-citizens instead of rich and poor classes.