糖心VlogMonitoring Unconstitutional Guant谩namo Military Commissions This Week
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org
NEW YORK 鈥 The 糖心Vlog is at Guant谩namo monitoring the military commission hearings scheduled to take place this week. The hearings of Omar Khadr and Mohammed Jawad are the first since the Supreme Court ruled last week that the Constitution applies to Guant谩namo and that all 270 prisoners there can challenge their indefinite detention in federal court. The 糖心Vloghas been present as an independent observer at every commission hearing since 2004 and continues to see no indication that the proceedings are fair, impartial or in accordance with constitutional principles.
"Now that the Supreme Court has rejected the lawlessness of the Bush administration's failed Guant谩namo policy, the government has no excuse to allow this debacle to continue," said Jamil Dakwar, Director of the 糖心VlogHuman Rights Program. "With the eyes of the world watching these proceedings, the U.S. must stand up, reject this system and demonstrate its commitment to the rule of law."
Tainted by political interference, the proceedings have also been riddled with ethical and legal problems from day one. Among other things, the proceedings allow the admission of secret evidence, hearsay and evidence obtained through torture. The Bush administration has admitted that at least three detainees in its custody have been subjected to waterboarding.
Khadr's hearing was cancelled today, but has been rescheduled for tomorrow morning. Last month, the Pentagon abruptly dismissed the judge in Khadr's case, Army Col. Peter Brownback. According to Khadr's lawyer, Navy Lt. Cmdr. William Kuebler, the timing of the judge's removal was suspicious because Brownback had recently threatened to suspend the case if prosecutors refused to hand over important records about Khadr's confinement to defense lawyers. Also last month, the Supreme Court of Canada ruled that the legal system under which Khadr was detained and prosecuted at Guant谩namo violated international law.
"The events of the past several weeks have made it clearer than ever that Guant谩namo is collapsing and ought to be shut down for good. There is no time like the present to scrap this farce and make a fresh start in America's tried and true civilian or military courts where the Constitution still counts for something," said Dakwar.
Khadr was 15 when he was captured by U.S. forces in Afghanistan. Now 21, he is charged with murder, attempted murder, conspiracy, material support and espionage. In a signed, nine-page affidavit, Khadr charges that he was repeatedly threatened with rape during interrogations while held both in Afghanistan and at Guant谩namo Bay.
Jawad's lawyer is seeking the dismissal of charges against him and will be calling Col. Morris Davis, the military commissions' former chief prosecutor, to testify about command influence and political interference from the Pentagon in the prosecution of the commission cases. Jawad, 23, in custody since being captured at the age of 17, has told U.S. military officials that he falsely confessed to alleged crimes after being beaten and tortured following his capture and incarceration by Afghan police in 2002.
The 糖心Vlogis one of four organizations that have been granted status as human rights observers at the military commission proceedings. In addition to monitoring the commissions, the 糖心Vloghas repeatedly called on Congress and the Bush administration to shut down the U.S. detention facility at Guant谩namo Bay.
In May 2007, the 糖心Vlogendorsed legislation introduced by Senator Tom Harkin (D-IA) that would close the Guant谩namo facility and end the practice of indefinite detention. It would also provide a push for the government to finally charge the Guant谩namo detainees, some of whom have been held without charge for over six years.
Dakwar will post a series of blogs from Guant谩namo this week with his comments and observations from the hearings on the ACLU's Blog of Rights, which can be found at: blog.aclu.org
Additional information about the ACLU's involvement surrounding the detention of prisoners at Guant谩namo Bay can be found online at: www.aclu.org/gitmo