First Published: 2006-09-30

 
US law keeps most at Guantanamo out of court
 

New tribunal system bars 455 Guantanamo prisoners from challenging detention in US courts.

 

Middle East Online

By Jane Sutton – MIAMI

Innocence is irrelevant over there

A new US plan to try suspects at Guantanamo would grant a few more rights to prisoners charged with war crimes but strip away all legal recourse for the majority who will never face charges.

Congress approved legislation on Thursday to create a new tribunal system to try foreign captives at the US naval base on Cuba. President George W. Bush was expected to quickly sign a bill his administration says is crucial in bringing to justice men like alleged September 11 mastermind Khalid Sheik Mohammed.

But it also bars the 455 Guantanamo prisoners from challenging their detention in the US court system, and throws out hundreds of lawsuits already filed by detainees asking to see the evidence that has kept many incarcerated at Guantanamo for more than four years.

"Now you've got ... rules to try Khalid Sheik Mohammed and he gets all these protections and if you're not him, sorry," said Jumana Musa, an Amnesty International official.

Prisoners convicted of war crimes in the Guantanamo tribunals can still appeal their cases to the federal appeals court in Washington, and then the US Supreme Court.

But the military has long said that only about 75 of the Guantanamo detainees would ever be charged with war crimes.

"Their conduct warrants removing them from the battlefield, and keeping them off the battlefield, but is not so egregious that they should be held criminally liable," said Air Force Col. Moe Davis, chief prosecutor for the military tribunals.

The revised tribunal system partially addresses some objections raised by military defence lawyers who won a Supreme Court challenge declaring the original system unlawful.



SECRET EVIDENCE



The new version gives those charged with war crimes the right to dismiss their military lawyers and act as their own attorneys. It allows the accused and the jurors to see the same non-classified summaries of secret evidence -- the old system would have allowed jurors to see secret evidence not shown to the accused.

The new version makes it more difficult to obtain a conviction by requiring that at least five military officers serve on each tribunal. The old system permitted as few as three to render a verdict. Death penalty cases now require 12 jurors, up from seven under the old rules, and their sentencing decision would have to be unanimous.

"Basically what it's done is adopt the general rules of the court martial, with no less than five on a jury," Davis said. "To me it looks like a very workable, very fair system."

Military lawyers defending the 10 Guantanamo prisoners charged under the old system could not immediately be reached for comment.

Critics said the new law still left the door wide open for the use of hearsay evidence and statements obtained through coercion -- though not evidence obtained through torture -- so long as the judge finds the information relevant.

"This is crazy," said Eugene Fidell, president of the National Institute of Military Justice. "We are permitting the use of evidence obtained by illegal coercion, if it's reliable and if some (military) judge thinks the interest of justice is served by it."

For detainees not charged in the war crimes tribunals, the only ticket out of Guantanamo is via diplomatic negotiations, or through annual reviews similar to parole hearings.

At those administrative hearings, three military officers question the prisoner and review files to determine if he is still a threat or possesses information useful in combating terrorism. No lawyers are involved and detainees are not allowed to see secret evidence against them.

 

Rouhani seizes opportunity to get closer to Qatar

New crown prince widely welcomed in Saudi Arabia

Banned Bahraini newspaper fires staff

Iraq forces battle deep into devastated Old Mosul

Prime time for Ramadan on Gulf fashion calendar

Mali activists call for referendum to be abandoned

Iraqi forces control two thirds of Mosul Old City

Assad leads Eid prayers in Syria’s Hama

Lone-wolf attacks raise concern about new trend in terror

Erdogan slams Saudi demands of Qatar as illegal

Sudan making 'positive' steps on meeting US sanctions terms

Mecca suicide bombing injures six

Gulf crisis heats up as Qatar receives list of demands

Suicide attacks kill at least three people in Mosul

Civilians killed in Iraq suicide bomb attacks

UN warns Yemen cholera outbreak could infect 300,000 by September

Putin launches deep-water phase of TurkStream pipeline

Berlin warns Ankara against meddling in religious affairs

Asian states downplay 'Russia proposal' to send troops to Syria

Iran’s Salehi urges West to save historic nuclear deal

Iran, allies mark Jerusalem Day with rallies

US-led Syria strikes kill 472 civilians in one month

Morocco dismantles 'IS-linked cell plotting tourist attacks'

France sets out tough new anti-terror law

Russia warships, submarine strike IS targets in Syria

Trump-Saudi ties help pave way for new Saudi crown prince

Makeshift clinic saves lives near Syria’s Raqa

Egyptian fuel helps restart Gaza power station

Rights groups say Morocco protest leader 'severely beaten' during arrest

5 killed in Mogadishu car bomb attack

UN experts urge Egypt to halt executions after 'flawed trials'

Qatar emir congratulates newly-appointed Saudi crown prince

Kushner hails 'productive' Palestine-Israel talks

Macron says removing Assad no longer priority in Syria

Turkey sends first aid ship to isolated ally Qatar

Iraq PM says IS admitting defeat in Mosul

Egypt delivers fuel to ease Gaza electricity shortage

Saudi Arabia named after ruling dynasty

Turkey detains catering boss after army food poisoning

Israel says will unleash 'unimaginable power' in future Lebanon war

Brussels nail bomber identified as Moroccan

Saudi stock market bullish on new heir

Lebanon's Salame to be new UN Libya envoy

New Saudi heir is king's agent of change

Turkish President accused of influencing courts