Thank you for contacting me regarding your concerns about the prosecution of terrorist combatants captured in the global war on terror. I appreciate hearing from you and would like to respond to your concerns.
This war, which is unlike any other conflict our nation has fought before, has presented our country with many unprecedented and difficult choices. In particular, the debate surrounding the proper prosecution of captured terrorists has focused our attention on the fundamental problem of how to balance our desire to treat all people with proper dignity and our need to prevent future terrorist attacks.
This is a crucial debate. The strength of America depends on the preservation of our values. Terrorists who are detained in this war, and subsequently prosecuted, should be afforded an appropriate legal process; however, these detainees simply cannot and should not be afforded the same rights and process that our citizens enjoy in our courts.
As you are aware, the United States Supreme Court recently ruled that the procedures used to prosecute terrorist combatants must comply with U.S. statutes and the terms of the Geneva Conventions. As a result of this ruling, the 109th Congress passed legislation clarifying the procedures under which terrorist combatants are prosecuted and set clear guidance on the treatment these individuals receive while they are in U.S. custody.
On January 4, 2007, Senator Arlen Specter (R-PA) introduced the Habeas Corpus Restoration Act (S. 185). This bill would give aliens, detained by the United States within its territorial jurisdiction, the right to challenge their detention and military commission trial procedures by an application for writ of Habeas Corpus. S. 185 has been referred to the Senate Committee on the Judiciary, where it awaits further consideration.
As we consider this legislation, we must balance two very important American principles: security and liberty. Our country must respect the human dignity of all individuals, but we must also remember that the terrorist combatants that have been captured have been engaged, in varying degrees, in an ongoing, violent and destructive war against the United States—a war in which the terrorists do not differentiate between civilians and military personnel. Therefore, it is important that these combatants are tried in congressionally approved military commissions that afford a fair and reliable prosecution that is consistent with our nation’s character and national security interests.
Please know that as we continue to debate the legal rights for terrorist detainees, I will keep your concerns in mind. Again, thank you very much for sharing your opinions with me. If you have any additional questions or comments, please do not hesitate to contact me. In addition, for more information about issues and activities important to Florida, please sign up for my weekly newsletter at
http://martinez.senate.gov.Sincerely,
Mel Martinez
United States Senator
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