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.

 

Islamic State ‘share in US weapons’ embarrasses Pentagon

Saudi special court rules in cases of riots and terrorism

Libya army scores small victory in Benghazi

Khamenei to Abadi: Iraq can beat 'Islamic State' without foreign troops

Kasserine reaps bitter harvest from Tunisia revolution: Poverty and terrorism

Turkey envoy meets leader of parallel government in Libya

Israel arrests seven Palestinian fishermen off northern Gaza

Only in Libya: Government calls for civil disobedience

Iraq Kurds set to vote on deployment of Peshmerga forces to Syria

Alderton: Morocco unrivalled business gateway to sub-Saharan Africa

Protests over IS turn Istanbul University into war zone

Turkey eyes stricter punishment against lawbreakers at protests

For Sudan President: Promises are something and re-election is something else

Iran returns Abadi to ‘house of obedience’

From traditional military to counterinsurgency force: Syria army grows more capable

South Sudan rivals accept 'responsibility' for civil war

British drones in Iraq also used for Syria surveillance

Turkey launches new wave of wire-tapping arrests

Rise of Shiite militias challenges government authority in Iraq

Syria Kurds show impressive resistance to ‘Islamic State’ in Kobane

Vote or boycott: Grim record of self-serving politicians puts off voters in Tunisia

Egypt universities tighten security to avoid new Islamist violence

Iran forces inside Iraq as Abadi rules out foreign ground intervention!

South Sudan rivals meet in new bid to end civil war

From Morocco into Spain: Crowd of African migrants charges to border fence

Deadly suicide attack targets Shiite mosque in central Baghdad

Turkey gives Iraq Peshmerga forces passage to Kobane

Israel to supply Egypt with natural gas despite sabotage

Kerry seeks help of Southeast Asia in anti-Islamic State push

Qaeda inflicts heavy losses on Huthi rebels in central Yemen

US carries out first weapon airdrops to Kurd fighters near Kobane

Benghazi violence kills 75 people in five days

Morocco accuses Algeria of firing on civilians across border

Australia finalises deal for deployment of Special Forces to Iraq

Tunisia calls on Libya authorities to locate missing journalists

Turkey rejects calls to arm ‘terrorist’ Kurdish party in Syria

Western powers threaten sanctions against hostile actors in Libya

New deadly terrorist attack targets Egypt army in Sinai

‘Islamic State’ suffers heavy losses in Syria battleground of Kobane

After full formation of Iraq government, time comes to visit Iran

UN appeals for four-day truce in Western Libya

Gaza tunnel collapses before demolition: At least 3 Egypt soldiers dead

Erdogan begins one-day visit to Afghanistan

After weeks of delay, Iraq gets new security ministers

Diplomats scold Turkey over ambiguous relation with Islamic State