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Human rights are one of the public policies that need to be safeguard by all means. According to Wilke, (2005), in his case concerning the war verse justice he tries to advocate for the need of fail trials to the culprits of terrorism detained by the American government. He argues that the detainees are denied their personal rights by being treated as inhuman beings.
The detainees are denied the right to have lawyers to represent them during the trials. Another area concerned is the language barrier of the detainees, the enemies combatant from other nations apart from the Americans does not have the same rights as those from terrorist nations.
The detainees were denied legal personalities from their home city who can understand their language and thus act as an interpreter between the detainees and the judges.
The key democratic points highlighted by the wiles are concerning with the way the detainees are treated before the courts. According to Victor, (2007), terrorism cases are normally manipulated from political case and turned to normal justice, no matter how imperfect it might be in the eyes of the political justice.
Wiles further argue that in political contentious cases, judges usually violate the democratic norms that separate powers from the executive to judicial process. The declaration of one party as an enemy implies that the person who is a detainee should never be treated as a friend.
The lawless and ruthless detainees should be dealt with without any constrain from the law. Detainees are placed beyond the laws and are inhumanly treated.
The treatment of the detainees are dedicated by the policies concerned, they are not given any personal rights, they are controlled and governed by the law and they are considered by the law as people without any personal rights.
The judicial process normally violate the way the cases are separated and dealt with by various powers of the court, this leads to the violation of the norms and public vilification of parties before their trial.
According to Wilke, (2005), the political trials are based on three factors which include political bias which indicates that the judgments arrived at is defined by judicial decisions. Judges give verdicts to the cases according to their own political interests and views.
Another part is concerning the political core, under this view the judge’s gives judgments according to the laws and state areas or activities affected by the crime committed.
This core takes place when the judges are trying to protect the existing structures of power. Judges are subjected to give trials according to the influence of the political conflict, under this section the political parties use the court trying to enforce their claims in order to be more legitimate and be able to distribute and exercise their political powers (Belloni & Beller, 1976).
The basis by which the trials are given to the affected parties depend widely on how the judges view the case brought forward to them.
The trials may have a negative impact on the democratic rights of the person being tried. As it is explained from the trials of the culprit’s rights of the terrorism, ‘enemies combatants’ it indicates that accused person have no personal rights.
It is the responsibility of the state to ensure that the rights of the detainees are protected and the right procedure followed to ensure that the detainees are given the right trials. The public policies that protect the rights of the detainees should be followed, despite the detainees being a suspect of terrorism, which is considered a great threat to the nation.
References
Belloni F., P. and Beller D., C. (1976).The Study of Party Factions as Competitive Political Organizations. The Western Political Quarterly.29 (4). pp. 531-5.
Victor, N. (2007). Demonstrating How Legislative Context Affects Interest Groups’ Lobbying Tactics. American Politics Research November. 35 (6). pp 826-845.
Wilke, C. (2005). War v. Justice: Terrorism Cases, Enemy Combatants, and Political Justice in U.S. Courts. Politics & Society December. 33 (4). pp 637-669.
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