A presentation on habeas corpus, the legal precedent which states a person may not be held without charges being brought against them, was held in the Riley Moot Court Room in Swen Parson Hall Tuesday night.

The subject of the presentation focused on how the federal government has denied habeas corpus rights to the detainees held in the Guantanamo Bay prison.

LeRoy Pernell, dean of the college of law and a professor of law at NIU, spoke at the presentation. About 30 people attended, including students, residents and members of the DeKalb InterFaith Network for Peace and Justice.

“Habeas corpus is a very central value to our system of justice,” Pernell said.

During his presentation, Pernell briefly summarized the history of habeas corpus from its formation in Britain’s Magna Carta to more recent developments in the way the American justice system interprets it as a function of law.

“It is virtually unprecedented that we would shut off [Guantanamo detainees] from access to court and it is made even more pernicious by any suggestion that this will be resolved in military tribunals,” Pernell said. “That is not America.”

Pernell’s qualification to speak on the topic of habeas corpus results from a lifetime of practicing and teaching law. In 1982, Pernell testified before the House Judiciary Subcommittee on Criminal Justice about provisions being considered for federal habeas corpus.

“The substance of my testimony touched on the importance of habeas corpus particularly for the poor and disenfranchised who do not have the resources to have ongoing private counsel,” Pernell said.

Pernell’s presentation expressed his views on habeas corpus as a core American value.

“The notion that if Congress creates it then Congress can take it away is somewhat at odds with what we refer to in law as a common law tradition,” Pernell said.

Pernell also spoke about what he called “a steady erosion of this poor person’s writ.”

“There have been several decades of making the habeas process more technical and harder to use under the notion that the courts are overburdened with habeas petitions,” Pernell said. “That’s one of the myths, in my opinion.”

A major focus of Pernell’s presentation centered on the myths and misconceptions associated with the government’s reasoning behind holding the Guantanamo detainees without charging them or otherwise giving them access to courts.

Among these misconceptions, Pernell addressed beliefs that all Guantanamo detainees are terrorists, pointing out some United States citizens.

“We’re talking about individuals we don’t actually know were involved in combat activity,” Pernell said.

After speaking, Pernell opened the floor and answered a variety of questions on such subjects as the particulars of the recent Graham-Levin Amendment that pertains to habeas corpus and enemy combatants, as well as prominent enemy combatant court cases. Included was the recent Padilla case.

“I thought this was an interesting discussion on a gravely important issue,” said Dan McLean, a freshman law school student.

“I think it’s nothing short of a disgrace that there are only 20 some people here.”

To some, the presentation raised awareness about the issue of Guantanamo detainees and habeas corpus.

“I’m interested in the general issue of civil liberties,” said 55-year-old Douglas Moore of Sycamore. “I thought [Pernell] did a good job of explaining what the issues are.”

Pernell believes a sustained public outcry may be necessary for change in the legislation on this issue.

“How can we countenance a system that doesn’t allow an extraordinary remedy to be available to persons who are being treated in ways that our American values should not accept?” Pernell said.