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Cablegate: Gwop: Detainees Policy; Sao Paulo "Retrogradation in the Us"

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OO RUEHWEB

DE RUEHSO #1051 2751109
ZNR UUUUU ZZH
O 021109Z OCT 06
FM AMCONSUL SAO PAULO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5846
INFO RHEHNSC/NATIONAL SECURITY COUNCIL WASHDC IMMEDIATE
RUEHBR/AMEMBASSY BRASILIA PRIORITY 6902
RUEHRI/AMCONSUL RIO DE JANEIRO PRIORITY 7477
RUCPDOC/USDOC WASHDC 2583

UNCLAS SAO PAULO 001051

SIPDIS

SIPDIS

STATE INR/R/MR; IIP/R/MR; WHA/PD

DEPT PASS USTR

USDOC 4322/MAC/OLAC/JAFEE

E.O. 12958: N/A
TAGS: KMDR OPRC OIIP ETRD BR
SUBJECT: GWOP: DETAINEES POLICY; SAO PAULO "Retrogradation In The US"


Leading national circulation daily liberal Folha de S. Paulo (9/30)
editorialized: "Affronting the spirit of the US constitution, the
American Congress approved a new version of the Detainees Act,
thereby giving the President the power to define who the 'enemy
fighters' are and take them to special military courts, which may
use 'secret' evidences and, in certain cases, obtain confessions
through torture. The approval gives President George W. Bush power
to determine which interrogatory techniques may be used.... It is
evident that such proceedings are unacceptable in the rule of law.
After all, all principles that make a judicial system civilized were
ignored or at least harshly restricted. What is most disturbing,
however, is to recognize that the new package of abominations Bush
presented is nothing more than a clumsy attempt to cheat the Supreme
Court, which had judged unconstitutional several aspects of the
first version of the anti-terrorism act.... Let's hope that the
Supreme Court examines once again the Detainees Act, now in its 2006
version, and rejects it. The greatness of the US democracy consists
in its checks and balances system."

McMullen

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