Skip to main content

Forget about innocence!

The US Supreme Court is today hearing what is being billed by lawyers in America as a landmark case - the question of whether detainees at Guantanamo Bay have any rights to the civilian courts of the US.

Meanwhile, as part of the unbelievable concept of "justice" which the country which claims to be a bastion of justice and democracy - and seeks to lecture every other country about it - the not insignificant issue of being innocent until proven otherwise has been turned on its head by the US military. The Washington Post reports:

"Just months after U.S. Army troops whisked a German man from Pakistan to the military prison at Guantanamo Bay, Cuba, in 2002, his American captors concluded that he was not a terrorist.

"USA considers Murat Kurnaz's innocence to be proven," a German intelligence officer wrote that year in a memo to his colleagues. "He is to be released in approximately six to eight weeks."

Combatant Status Review Tribunals, created by the Pentagon, have overwhelmingly supported continued detention of those at Guantanamo Bay. (Photos By Brennan Linsley -- Associated Press)

But the 19-year-old student was not freed. Instead, over the next four years, two U.S. military tribunals that were responsible for determining whether Guantanamo Bay detainees were enemy fighters declared him a dangerous al-Qaeda ally who should remain in prison.

The disparity between the tribunal's judgments and the intelligence community's consensus view that Kurnaz is innocent is detailed in newly released military and court documents that track his fate. His attorneys, who sued the Pentagon to gain access to the documents, say that they reflect policies that result in mistreatment of the hundreds of foreigners who have been locked up for years at the controversial prison.

The Supreme Court intends to weigh the legitimacy of the military tribunals at a hearing this morning. Lawyers for Kurnaz and other detainees plan to argue that the panels violate the U.S. Constitution and international law. They say that the proceedings have not provided Guantanamo Bay detainees with a fair and impartial hearing.

Lawyers for the Bush administration will argue that the tribunals have afforded suspected enemies all the rights to which they are entitled. The administration maintains that detainees need not know all of the evidence against them. The tribunals were established in 2004 after the Supreme Court ruled that such panels are needed when holding prisoners indefinitely, and Congress endorsed them in 2005."

Read the full piece here.

Comments

Popular posts from this blog

Video: Israel demolishing a Bedouin village

From Mondoweiss - Israel's supposed "most moral army in the world", the IDF, engaged in immoral, and according to international law, illegal action.... "Israeli forces have demolished every home in the Bedouin village of Khirbet Taha in the northern West Bank district of Nablus during three separate demolitions since the start of the year. Unlike most Bedouin villages, the residents in Khirbet Taha own their own land. However that land falls in Area C, territory in the occupied West Bank under full Israeli control. The village’s only school was also destroyed, leaving children to study in a dilapidated 100-year-old mosque — the only structure left standing in the village. According the United Nations, Israel has demolished half as many Palestinian buildings in the first few months of 2016, as they had in all of 2015. In February alone, the UN found that more Palestinians homes were destroyed than any other month since 2009, when the organization began its docum...

Robert Fisk's predictions for the Middle East in 2013

There is no gain-saying that Robert Fisk, fiercely independent and feisty to boot, is the veteran journalist and author covering the Middle East. Who doesn't he know or hasn't he met over the years in reporting from Beirut - where he lives?  In his latest op-ed piece for The Independent he lays out his predictions for the Middle East for 2013. Read the piece in full, here - well worthwhile - but an extract... "Never make predictions in the Middle East. My crystal ball broke long ago. But predicting the region has an honourable pedigree. “An Arab movement, newly-risen, is looming in the distance,” a French traveller to the Gulf and Baghdad wrote in 1883, “and a race hitherto downtrodden will presently claim its due place in the destinies of Islam.” A year earlier, a British diplomat in Jeddah confided that “it is within my knowledge... that the idea of freedom does at present agitate some minds even in Mecca...” So let’s say this for 2013: the “Arab Awakening” (the t...

Palestinian children in irons. UK to investigate

Not for the first time does MPS wonder what sort of country it is when Israel so flagrently allows what can only be described as barbaric and inhuman behaviour to be undertaken by, amongst others, its IDF. No one has seemingly challenged Israel's actions. However, perhaps it's gone a bridge too far - as The Independent reports. The Foreign Office revealed last night that it would be challenging the Israelis over their treatment of Palestinian children after a report by a delegation of senior British lawyers revealed unconscionable practices, such as hooding and the use of leg irons. In the first investigation of its kind, a team of nine senior legal figures examined how Palestinians as young as 12 were treated when arrested. Their shocking report Children in Military Custody details claims that youngsters are dragged from their beds in the middle of the night, have their wrists bound behind their backs, and are blindfolded and made to kneel or lie face down in military vehi...