Habeas Corpus Restoration

The Habeas Corpus Restoration Act of 2007 was a bill that passed the US Senate Judiciary Committee in 2007. The bill was approved in order to restore to the Guantanamo Bay prisoners the right to petition for habeas corpus in a US court. This right was taken away from them in 2006 when the bill called Military Commissions Act has passed in the Congress.

The Habeas Corpus Restoration Act was proposed by senators Patrick Leahy and Arlen Specter. Their goal was to give Guantanamo Bay detainees and other prisoners in US prisons the right to appeal for a habeas corpus petition, meaning that they could contest their arrest and receive a fair explanation for their incarceration. The Habeas Corpus Restoration Act has been attached as an amendment to the Defense bill. It passed with a final vote of 56 against 43. All Democratic senators voted for the bill, as well as six Republican senators. When the bill passed, media voices said that it was a historic victory for the role of the US as a human rights defender in the world.

The Habeas Corpus Restoration Act gives people rightful access to their own liberties, like the liberty to contest any arrest. Humans, regardless of their status as war prisoners or enemy combatants, should never be incarcerated without solid and legal proof. They should only be accused of crimes they have committed and receive a fair trial in a fair court. The restoration of habeas corpus in military courts is considered a great victory for human rights. Prisoners can be arrested only on the basis of solid proof. Political arrests are forbidden. Prisoners also received the right to be judged in a civil court and be represented by a third party if they are incapable of representing themselves. The Habeas Corpus Restoration Act of 2007 restored an important piece of legislation (the habeas corpus right) to the US legal system.