The enemy within

A group of Republican senators have argued that Dzhokhar Tsarnaev should be treated as an 'enemy combatant'.

We still do not know why Dzhokhar Tsarnaev, 19, the young US national of Chechen origin carried out, with his brother, the terrible attack at the Boston Marathon, which left behind much havoc and misery. But we do know that Tsarnev, who suffered severe injuries during his capture, deserves justice and a fair hearing. Yet, an attempt seems to be on to deny him just this, with a small but vocal group of Republican senators arguing he should be treated as an “enemy combatant”. The term was introduced in the Bush era, mainly to allow the US to deal with those engaged against it in a “secret war” it never admitted to fighting, and would allow Tsarnaev to be interrogated without a lawyer. Indeed, a controversy already exists over the fact that the accused was not read out his “Miranda” rights, which inform one of their right to remain silent, that anything they say can and will be held against them in a court of law, and of the right to retain an attorney at the time of arrest.

Democrats hold that trial at a US court, under usual procedures, is all that is required with Tsarnaev facing terrorism charges. The application of the term “enemy combatant” to a US citizen opens up a hornet’s nest. It has, in the past, been used only for members of nations declared “enemy” states or for banned outfits. Many human rights activists have said it led to a multitude of abuses, including torture. Guantanamo Bay comes to mind. Extending the use of the “enemy combatant” term could then be dangerous. Muslims living in the US as citizens but still subject to distrust and discrimination would have more to fear. So far, the fervent Republican calls are limited to a handful of individuals. We must hope they do not spread and create more complications, given the need in the US to protect all its citizens, regardless of their religion or ethnicity, even while dealing with acts of atrocity under existing laws and punishing perpetrators under them as a means to deter others.

Published in The Express Tribune, April 23^rd, 2013.