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Essay on Guantanmo Bay Inmates
Following the Spanish-Cuban-American war, the Cuban Constitution of 1901 was adopted which restricted Cuba's ability to run its own affairs and allowed the USA to intervene directly in Cuban affairs.
In February 1903, the US signed a lease covering Guantanamo Bay with the US-supported Cuban president for use as "coaling or naval stations only and for no other purpose.” (Article II) The lease was varied in 1906 and again in 1934, to add a requirement preventing termination of the lease without mutual consent, unless the USA abandoned the base. The US occupation of the Bay survived the 1959 Revolution and remains a significant bone of contention with the Castro regime, which refuses to accept lease payments from the US.
The lease provides: "While on the one hand the United States recognizes the continuance of the ultimate sovereignty of the Republic of Cuba over the above described areas of land and water, on the other hand the Republic of Cuba consents that during the period of the occupation by the United States of said areas under the terms of this agreement the United States shall exercise complete jurisdiction and control over and within said areas..."
The US Supreme Court has agreed to consider the issue as to whether prisoners at Guantanamo Bay are entitled to the rights under various US Constitution Amendments. They provide, inter alia, for protection against self-incrimination and cruel and unusual punishment, for equal protection under the law, the right of people not to be deprived of liberty without charge or due process of law, to be informed of allegations against them, to a speedy and public trial by jury, to call and to cross-examine witnesses, and to retain counsel of their own choosing.
US State courts have already considered the issue and denied these protections to non-US citizens held at Guantanamo Bay..........
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