DIFFERENT ANGLE by Kenneth Rijock
Imprisoned former Panamanian General Manuel Noriega's attorneys have filed a new civil suit, in the US District Court in Miami, against both Warden George Pastrana of Miami FCI, and US Secretary of State Condoleeza Rice. The action is seeking issuance of a Writ of Habeas Corpus, or alternatively, a Writ of Mandamus or a Writ under the Federal All Writs Act, to prevent his transfer to France, and requiring his repatriation to his native country, Panama, as a released Prisoner of War. Is all this just to assure him the same privileged treatment he received in the US during his incarceration, or to seek to avoid the additional ten years of prison time he will probably receive in France?
- The United States has not satisfied itself that France will honor his POW status under the Geneva Convention. (Actually, France has indicated unofficially that it will not give him a champagne reception whilst he is in custody.)
- The Geneva Convention does not authorise the US to extradite a POW to another country for criminal prosecution or service of a criminal sentence.
- Only war crimes suspects may be transferred to another nation that is a party to the Geneva Convention, after the cessation of hostilities.
- The Military Commission Act of 2006, which prohibits access to US courts by prisoners seeking Geneva Convention protection, is not applicable to Noreiga's case.
- If this court lacks jurisdiction, Noriega should be repatriated to Panama, as required under the Geneva Convention.
We shall monitor this new case, and report back to our readers on all developments.
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Research Note: Manuel Noreiga vs. George Pastrana et al, case No: 07-cv-22816-PCH
The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.
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