The No-Fly List Case Study

700 Words2 Pages

In 2013, the infamous case of the no-fly list, and more specifically, the case of Rehan Motiwala, an Anaheim resident, has violated the victims’ rights mentioned in the Fifth Amendment of the Constitution. The no-fly list is compiled and maintained by the federal Terrorist Screening Center after the 9/11 attacks. The list contains names of individuals, who are not permitted to initiate and board aircraft traveling within, to, or over the U.S airspace, thus sometimes causes the victims to be trapped abroad. The recent case of no-fly list is the case of Rehan Motiwala, a U.S citizen and a medical student from Pomona, California. During his trip to South East Asia, before flying back home from Bangkok airport, the airline staffs refused to give The case started when Tariq Ba Odah was arrested by the Pakistan government, suspecting his connection to a terrorist group, and was then sent to the U.S Army, who later put him into Guantanamo Bay prison without any verification whether he was involved in criminal activities in February 2002. This action goes against the Habeas Corpus Clause mention in Article 1 of the Constitution, which state that: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it,” and violate the Fifth Amendment’s criminal procedure and due process clause – in general, state that a person cannot be charge unless in the presence of the jury and all decisions must follow the laws, not against it. Even worse, after being held in Guantanamo, Odah began a peaceful hunger strike, which is, to him, a way to protest against the unreasonable “indefinite detention” (Ba Odah v. Obama). The strike is proven to be a failure, as daily, Odah was strapped up, and force-fed by inserting a tube through his nose with dietary fluid, an action that is considered as torture to the international community, resulting in him losing over 80 pounds

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