Monday, November 08, 2004

Tell it to the Judge, Part I

The New York Times reports on the Bush Administration's definition of what constitutes a legal hearing for detainees at Guantanamo:

Each day, several shackled detainees are marched by their military guards into a double-wide trailer behind the prison camp's fences and razor wire to argue before three anonymous military officers that they do not belong here.

One, a 27-year-old Yemeni, spent more than an hour on Saturday telling a panel that he was not a member of Al Qaeda or a sympathizer, saying that he had never fought against the United States and should never have been detained here at Guantánamo as an unlawful enemy combatant.
These briskly conducted proceedings, which have received little notice, constitute the Bush administration's principal answer to the Supreme Court's ruling regarding the rights of detainees who have been imprisoned since the administration began its fight against terrorism after the Sept. 11 attacks. The court ruled 6 to 3 in June that the detainees had a right to challenge their detentions in federal court, saying that even though the base is outside the sovereign territory of the United States, federal judges have jurisdiction to consider petitions for writs of habeas corpus from those who argue that they are being unlawfully held.

The hearings here have come under heavy criticism because they do not meet the traditional standards of court proceedings. For one thing, the detainees are left to argue their cases for themselves, without assistance from lawyers.

Capt. Charles Jamison of the Navy, who oversees the tribunal proceedings here at Guantánamo, said he expected to have them completed for all 550 remaining prisoners by the end of the year. So far, some 320 detainees have appeared before the tribunals, and so far, the Pentagon has passed final judgment on 104. Of that group, 103 were found to have been properly deemed unlawful enemy combatants and properly imprisoned; one detainee was released
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Kangaroo Court would look good in comparison...

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