Tag Archives: administrative detention

No Man is Above the Law!

If you believe that, you will believe anything. There is no more hope for you at all!

Have you ever heard of “Signing Statements”? This is where an American President says that he is going to sign a new law into being, but is not going to take any notice of it. It happens time and time again.

Have you ever heard of “Administrative Detention”? Administrative detention is the arrest and detention of individuals by the state without trial, usually for security reasons. A large number of countries, both democratic and undemocratic, resort to administrative detention as a means to combat terrorism, control illegal immigration, or to protect the ruling regime. (This from Wikipedia).

Apart from Brazil, where administrative detention is only applicable to members of the armed forces, for a maximum of 30 days, and Habeas corpus still applies, the rest of the world has apparently deemed it necessary to junk their whole legal system when this is applied.

Administrative Detention is what keeps Guantanamo Bay in business.

At one time, colonial powers insisted that their personnel would be immune from the laws of the country they were controlling. This insistence was repeated recently, when the US wanted immunity for its people in Iraq, but the Iraqi’s blew that right out of court.

No matter, there are other ways to get the job done.

We will just say that the law in that country does not apply to our operatives for a specific purpose, and do what we want anyway!

You may think that this is a bit far-fetched, but not at all. Look at the British system.

“Section 7 of the 1994 Intelligence Services Act offers protection not only to spies involved in bugging or bribery, but also to any who become embroiled in far more serious matters, such as murder, kidnap or torture – as long as their actions have been authorised in writing by a secretary of state.” (from http://www.guardian.co.uk/world/2012/feb/14/mi6-licence-to-kill-and-torture).

And I have no doubt at all that other countries have their own equivalent to Section 7.

The technique seems to be that if the law could be a possible impediment to an action that is supposed to be necessary, the law is made to simply disappear.

Under such circumstances, you have only one possibility to save yourself in case of need –

Don’t Get Caught!

PS. One does wonder where Democracy figures in all of this.