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2011 Abstracts Stage 2

Can Right Abuses be Justified in Guantanemo Bay?

Caroline Rani Bashir, 2011, Stage 2

TOPIC:
• A study of how the unconvicted detainees are subject to torture through ‘enhanced interrogation techniques’ in Guantanamo Bay.

• I will relate this to Mill’s Utilitarianism, in particular to the Harm Principle: people are free until they harm others.

•I will reconcile this with Mill’s On Liberty which expresses that we should maximize happiness and in the absence of harm, never restrict one’s liberty.

Discussion: Mills states that it is only in cases of self-defence or direct harm on society, in which we can intervene with restrictions. It is true that we have to safe guard the security and autonomy of everyone. Although, when human rights are violated, it is often the case the violator will perceive their action to be in the best interests of society. (Guards/workers at Guantanamo bay) This is the short fall of Guantanamo Bay, rights should not be violated but should be best calculated to promote the good.

I will explore:
1. The life of the Binyam Mohamed, held at Guantanamo Bay for five years but released without conviction.

2. What would be Mill’s response to Guantanamo Bay closing?

3. Does this pose a threat to society?

4. Are they too dangerous to set free?

5. Do we have a right to control where they are placed, inside our borders or back to their homelands?

6. If they are not convicted, is it right that we can impinge on their liberty? Surely they are FREE.

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