If chimps become "legal persons" terrorism suspects should too

The good news is that the principle of habeas corpus may soon apply to chimpanzees in the US. The bad news is it still won't apply to humans suspected of terrorism.

If the Nonhuman Rights Project wins the lawsuits they are putting forward this week, four New York chimpanzees will be given "legal person" status. If these chimpanzees are recognised as persons under the law, this will confer on them the “fundamental right of bodily freedom” and so they will be released into a sanctuary. The Nonhuman Rights Project is arguing that because of chimpanzee’s high cognitive abilities they should be recognised as autonomous human beings, and so the principle of habeas corpus should be applied to them.

It will be an interesting case to watch – and it would be great to see greater legal protection for apes. The US still carries out medical tests on chimpanzees, which is now banned in the UK as well as several other countries, although it has significantly reduced the numbers of chimps in laboratories earlier this year, transferring around 300 to animal sanctuaries.

The case couldn’t help remind me that plenty of human beings are being unlawfully detained without trial in the US too,  violating the fundamental legal principle of habeas corpus. Under US military law, terrorism suspects can be detained indefinitely without charge. Over 160 detainees are still being held in Guantanamo, some of whom have been there for over a decade, and of these only 6 have been formally charged of any crime. Around 600 of the 779 detainees held in Guantanamo since 2001 were released without charges, and nine have died in custody.

I’m not anti granting chimpanzees "legal person" status, I’d just like terrorism suspects to be treated as ‘legal persons’ too.
 

Sophie McBain is a freelance writer based in Cairo. She was previously an assistant editor at the New Statesman.

Photo: Getty
Show Hide image

Emmanuel Macron can win - but so can Marine Le Pen

Macron is the frontrunner, but he remains vulnerable to an upset. 

French presidential candidate Emmanuel Macron is campaigning in the sixth largest French city aka London today. He’s feeling buoyed by polls showing not only that he is consolidating his second place but that the voters who have put him there are increasingly comfortable in their choice

But he’ll also be getting nervous that those same polls show Marine Le Pen increasing her second round performance a little against both him and François Fillon, the troubled centre-right candidate. Her slight increase, coming off the back of riots after the brutal arrest of a 22-year-old black man and Macron’s critical comments about the French empire in Algeria is a reminder of two things: firstly the potential for domestic crisis or terror attack to hand Le Pen a late and decisive advantage.  Secondly that Macron has not been doing politics all that long and the chance of a late implosion on his part cannot be ruled out either.

That many of his voters are former supporters of either Fillon or the Socialist Party “on holiday” means that he is vulnerable should Fillon discover a sense of shame – highly unlikely but not impossible either – and quit in favour of a centre-right candidate not mired in scandal. And if Benoît Hamon does a deal with Jean-Luc Mélenchon – slightly more likely that Fillon developing a sense of shame but still unlikely – then he could be shut out of the second round entirely.

What does that all mean? As far as Britain is concerned, a Macron or Fillon presidency means the same thing: a French government that will not be keen on an easy exit for the UK and one that is considerably less anti-Russian than François Hollande’s. But the real disruption may be in the PR battle as far as who gets the blame if Theresa May muffs Brexit is concerned.

As I’ve written before, the PM doesn’t like to feed the beast as far as the British news cycle and the press is concerned. She hasn’t cultivated many friends in the press and much of the traditional rightwing echo chamber, from the press to big business, is hostile to her. While Labour is led from its leftmost flank, that doesn’t much matter. But if in the blame game for Brexit, May is facing against an attractive, international centrist who shares much of the prejudices of May’s British critics, the hope that the blame for a bad deal will be placed solely on the shoulders of the EU27 may turn out to be a thin hope indeed.

Implausible? Don’t forget that people already think that Germany is led by a tough operator who gets what she wants, and think less of David Cameron for being regularly outmanoeuvered by her – at least, that’s how they see it. Don’t rule out difficulties for May if she is seen to be victim to the same thing from a resurgent France.

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.