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That's nonsensical and contrary to the purpose of detention.'.
Justice Callinan, who was in the majority, also discussed the purpose of detention, in obiter dicta.
"The purpose of detention at Guantanamo and generally during war is to prevent the detainee from re-engaging in the battle," Daphne Eviatar, senior counsel at Human Rights First's Law and Security Program, told VICE News.
In dissent, Justice Gummow recognised that "the focusing of attention on whether detention is 'penal or punitive in character' is apt to mislead", and emphasised the purpose of detention as the fundamental criterion by which non-judicial detention was allowed in previous cases.
Specifically, Sections 1031 to 1034 of the Senate's version of the National Defense Authorization Act would permit the transfer of "detainees who have been ordered released by a competent U.S. court" and "would permit transfers for the purpose of detention and trial".
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But the judge said his condition must be kept under review after it was argued that his death would defeat the purpose of his detention, which was to hold him pending deportation as an overstayer in the UK.
Justice McHugh also emphasised that immigration detention was not punitive, saying: "A law requiring the detention of the alien takes its character from the purpose of the detention.
She also said the purpose of wartime detention was to keep captured enemies from returning to fight, adding, "Certainly, we agree that indefinite detention for the purpose of interrogation is not authorized".
Before Mr. Gambira was released on Friday, the State Department called on the government "to provide clarification on the purpose of his detention".
The judgment was as critical as it was clear: the court concluded that "the actual purpose of his detention had been to silence or punish Mammadov for criticising the government and publishing information it was trying to hide".
Two things I experienced during my time in Dilley made the purpose of the detention center crystal clear.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com