Both NJ Senators Support the Restoring the Constitution Act!

Senators Robert Menendez and Frank Lautenberg have both signed on as cosponsors of S 576, the Restoring the Constitution Act of 2007. Amnesty International is very grateful for their support of this important legislation that would undo much of the damage done to our Constitution by the Military Commissions Act last fall. Please see the text of Amnesty’s Issue Brief 13 (February 2007) below for more information.

It would be great, of course, if the rest of New Jersey’s congressional delegation would cosponsor the corresponding legislation in the House of Representatives, HR 1415!

ISSUE BRIEF 13: SUPPORT THE RESTORING THE CONSTITUTION ACT

Amnesty International urges Congress to pass the “Restoring the Constitution Act of 2007” with strong bipartisan support. The “Restoring the Constitution Act of 2007” introduced by Senator Chris Dodd (D-CT) would repeal some of the highly problematic aspects of the Military Commission Act of 2006 (MCA) that weaken constitutional and international legal protections.

The need to reverse the most problematic provisions of the MCA, signed into law by President Bush on October 17, 2006, is imperative in light of the recent decision of the Court of Appeals for the D.C. Circuit. In a 2 to 1 decision, the court stated that due to the MCA, federal courts no longer have jurisdiction over the hundreds of pending habeas cases for detainees in Guantanamo, many in their sixth year of detention. The most troubling aspects of the Military Commission Act of 2006 infringe on the human rights and constitutional protections of US citizens and non-citizens alike and contravene basic protections provided in the U.S. Constitution and various international treaties. Immediate steps should be taken to reverse provisions of the MCA which do not comply with US obligations under US and international law.

Senators should cosponsor and pass the Restoring the Constitution Act of 2007, which would begin to reinstate basic constitutional and international human rights weakened by the Military Commission Act of 2006. Specifically, the Restoring the Constitution Act would:

· Restore the writ of habeas corpus for individuals held in US custody;
· Prevent the use of evidence in court gained through the unreliable and immoral practices of coercion and cruel, inhuman and degrading treatment;
· Narrow the definition of unlawful enemy combatant to individuals who directly participate in hostilities against the United States, including individuals who participated in attacks against the United States on September 11, 2001;
· Broaden the scope of violations prosecutable under War Crimes Act;
· Provide for expedited judicial review of the Military Commissions Act of 2006 to determine the constitutionally of the process.

Amnesty International firmly believes that any person who is involved in committing war crimes or terrorist acts must be held accountable, as accountability is a cornerstone of human rights enforcement. However, it is imperative that any trials meet basic due process and fair trial standards, and that the human rights of everyone in detention are respected. While it is the responsibility of the United States to protect the country and its citizens from attacks, the tactics it uses must be consistent with human rights and humanitarian law.