Detainee

Detainee is a term used by certain governments and their military to refer to individuals held in custody, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases. It is used to refer to "any person captured or otherwise detained by an armed force." [ [http://www.globalsecurity.org/military/library/policy/army/fm/3-07-22/glossary.htm Golbal Security Glossary] . Accessed June 2, 2008.] More generally, it is "someone held in custody." [ [http://wordnet.princeton.edu/perl/webwn Princeton wordnet] . Accessed June 2, 2008.]

The word "Detainee" is from the french word : "détenu" and the french verb "détenir". "Détenu" means prisoner in french "prisonnier". In French, a "détenu" is a guilty person, a "prisonnier" is not necessarily a guilty person, for example the prisoners of war or the persons before a judgment.fact|date=June 2008

U.S. government's captured enemy combatants

The word came into common usage during and after the War in Afghanistan (2001–present), as the U.S. government's term of choice to describe members of the Taliban and al-Qaeda captured in that war, which has generated considerable debate around the globe. [In Depth: Afghanistan: The controversy over detainees: Are prisoners of war Canada's responsibility?", CBC web site, Last Updated April 27, 2007, found at [http://www.cbc.ca/news/background/afghanistan/detainees.html CBC News web site] . Accessed June 2, 2008.] The U.S. government classifies captured enemy combatants as "detainees" because there is no consensus about whether the combatants are "prisoners of war" under the definition found in the Geneva Convention. The controversy arises because the Geneva Convention protects "prisoners of war" but says nothing about "detainees." Many of the detainees of this war were transferred to the Guantanamo Bay detainment camp. These detainees are allowed a trial, but with strong procedural limitations. There were allegations of humiliating treatment and even deaths of such detainees from 2003 through 2005. [Duncan Campbell and Suzanne Goldenberg, "Afghan detainees routinely tortured and humiliated by US troops", "The Guardian", Wednesday June 23 2004, found at [http://www.guardian.co.uk/world/2004/jun/23/usa.afghanistan3 The Guardian article] . Accessed June 2, 2008.] [Tim Golden, "In U.S. Report, Brutal Details of 2 Afghan Inmates' Deaths", "The New York Times", May 20, 2005, found at [http://www.nytimes.com/2005/05/20/international/asia/20abuse.html NY Times article] . Accessed June 2, 2008.] [Barbara Starr, "Afghan detainees' deaths ruled homicides", CNN, Wednesday, March 5, 2002, found at [http://www.cnn.com/2003/US/03/05/detainee.homicides/index.html CNN] . Accessed June 2, 2008.]

In 2005, it was reported that the Bush administration transferred:

The Canadian government was criticized for releasing some detainees back to Afghanistan in 2007. [Paul Koring, "Amnesty slams Canada over Afghan detainees," "Globe and Mail", February 21, 2007, found at [http://www.theglobeandmail.com/servlet/story/RTGAM.20070221.wamnesty21/BNStory/National/home Globe and Mail article] . Accessed June 2, 2008.] They quietly reversed themselves in early 2008. [Tonda MacCharles and Bruce Campion-Smith, "Afghan detainees decision surprises allies:Canada's move to end transfers to jails in Afghanistan catches NATO off guard," "Toronto Star", January 25, 2008, found at [http://www.thestar.com/News/Canada/article/297384 The Star article] . Accessed June 2, 2008.]

In June 2008, the Supreme Court of the United States ruled that detainees at Guantanamo could challenge their detention within civilian courts of the United States."Boumediene v. Bush", found at [http://www.scotusblog.com/wp/wp-content/uploads/2008/06/06-1195.pdf PDF of SCOTUS Slip Opinion] . See also internal citations to "Hamdi v. Rumsfeld", 542 U.S. 507 (2004) and "Rasul v. Bush", 542 U.S. 466 (2004). Accessed June 12, 2008.] "Supreme Court backs Guantanamo detainees: In rebuke to administration, suspects may appeal in U.S. civilian courts", MSN/AP (Microsoft News and Associated Press) story, June 12, 2008, found at [http://www.msnbc.msn.com/id/25117953 MSN/AP story of June 12, 2008] and Mark Sherman, "High Court sides with Guantanamo detainees again", AP, found at [http://news.yahoo.com/s/ap/20080612/ap_on_go_su_co/scotus_guantanamo Yahoo version of AP story of June 12, 2008] . Accessed June 12, 2008.]

Juvenile delinquents

It is also used to refer to adolescents who are in police custody, in order to note that they are juveniles (as opposed to being placed formally under arrest).fact|date=June 2008

References

See also

*Civil liberties
*Court system of Canada
*Criminal law in Canada
*Human rights
*Illegal combatant
*Jose Padilla
*Prisoner
*Quasi-criminal
*Summary jurisdiction
*Yaser Esam Hamdi

External links

* [http://www.hrw.org/campaigns/torture.htm Human Rights Watch on Detainees]
* [http://www.aclu.org/intlhumanrights/gen/21236prs20051024.html ACLU on Detainees]