La NDAA deroga aún más derechos
Poco a poco, en nombre de la lucha contra el terrorismo, nuestra Declaración de Derechos es objeto de derogación. La4ta enmienda ha sido diezmada por laPATRIOT Act(*) (“Ley Patriota”). Nosotros, nuestros hogares, papeles y efectos personales, dejaron de estar a salvo, al haber una excepción a nuestros derechos individuales para cualquier excusa que tenga el gobierno para registrar y confiscar nuestra propiedad. Por supuesto, la gran mayoría de los ciudadanos podrían decir: “Yo no soy un terrorista, así que no tengo por qué preocuparme.” Sin embargo, personas inocentes son acusadas todo el tiempo.
La Declaración de Derechos existe precisamente porque los Padres Fundadores querían establecer una barrera para que los gobiernos no pudiesen privar a las personas de su vida o su libertad. El quitar esa barrera es un peligro para todos. Cuando se comienzan a hacer excepciones como, por ejemplo, a enemigos políticos, nuestro descenso al totalitarismo queda prácticamente asegurado. La PATRIOT Act, por pésima que sea su violación de la 4ta enmienda , fue sólo un paso hacia la perdición.
La recientemente aprobadaNational Defense Authorization Act (Ley de Autorización de la Defensa Nacional), NDAA, continúa la misma pendiente hacia la tiranía, y de hecho la acentúa en gran medida. La sección más preocupante, la 1021 del Informe de la Conferencia de la NDAA, afecta a la 5ta enmienda de la misma manera que la PATRIOT Act afecta a la 4ta. La 5ta enmienda es mucho más que el derecho a permanecer callado frente al cuestionamiento del gobierno. Contiene estipulaciones muy básicas y críticas sobre el debido proceso legal. El gobierno no puede encarcelar a una persona sin ningún motivo y sin pruebas presentadas o acceso a un abogado.
El peligro de la NDAA es representado por sus alarmantemente vagos e indefinidos criterios acerca de quién puede ser detenido indefinidamente por el gobierno de los EE.UU., sin juicio alguno. Ya no se limita sólo a miembros de al Qaeda o a los Talibanes, sino a cualquiera acusado de “apoyar sustancialmente” a tales grupos o a “fuerzas asociadas”. Pero ¿qué tan asociadas? ¿Y qué constituye un apoyo “substancial”? ¿Qué ocurriría si se descubre que alguien que cometió un acto terrorista estuvo alguna vez involucrado con alguna institución de caridad? ¿O si alguna vez apoyó a un candidato político? ¿Acaso serían todos los contribuyentes de esa institución benéfica, o los seguidores del candidato, sospechosos sujetos a detención indefinida? ¿Es esa institución benéfica ahora una “fuerza asociada”?
Además, esta legislación codifica en la ley como la primera con la autoridad de detener indefinidamente a estadounidenses, autoridad que hasta ahora sólo había sido proclamada por el Presidente Obama. De acuerdo con el inciso (e) de la sección 2001, “[n]ada en esta sección será interpretado para afectar a la legislación vigente o de las autoridades en relación con la detención de ciudadanos de Estados Unidos, los extranjeros legalmente residentes de los Estados Unidos, o cualquier otra persona que sea capturada o detenida en los Estados Unidos.” Esto significa que la visión ampliamente expandida del Presidente, acerca de su autoridad para detener indefinidamente a ciudadanos estadounidenses, incluso en suelo propio, queda codificada, por vez primera, en esta legislación. Esto debería darnos grandes escalofríos.
La Declaración de Derechos no hace ninguna excepción para “personas realmente malas”, ni para terroristas o extranjeros. Es una restricción al poder del gobierno para intentar evitar que sea usado contra cualquier individuo. Eso no es una debilidad de nuestro sistema legal; es la fortaleza del mismo. La NDAA intenta justificar la violación de la Declaración de Derechos argumentando que dichos derechos quedan suspendidos en tiempos de guerra… y recordemos: todo el territorio de los Estados Unidos es el campo de batalla de la “Guerra Contra el Terrorismo”. Este es un desarrollo muy peligroso. Tengan cuidado.
Algunos ven en la NDAA y en la PATRIOT Act ciertas similitudes con el pasado.
Traducido al Español: Unir y Fortalecer a América Proporcionando las Herramientas Apropiadas y Requeridas para Interceptar y Obstruir al Terrorismo.
Traducido a la realidad: Otro eufemismo del estado para disfrazar el poder que se auto otorga para erosionar, a voluntad y sin repercusión o responsabilidad alguna, los pocos derechos individuales con los que cuentan los ciudadanos.
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