NOW THE PENTAGON WANTS TO TRIAL HIM AND 5 OTHERS ALLEGED FOR DEATH PENALTY IN THE MILITARY TRIBUNAL UPON EVIDENCES AND CONFESSIONS OBTAINED THROUGH SO CALLED "ENHANCED INTERROGATION TECHNIQUES" WITH “WATERBOARDING” AS ADMITTED BY GEN. THOMAS HARTMAN, IN SIMPLE WORD: TORTURE.
SO FAR GUANTÁNAMO, THAT IS FACING CLOSURE, HAD 778 PRISONERS, MORE THAN 400 HAVE BEEN REPATRIATED AFTER LONG DETENTION WITH NO CHARGES. ONLY ONE MAN, THE AUSTRIALIAN DAVID HICKS HAS BEEN CONVICTED SINCE THE CREATION OF THE MILITARY COMMISSION SOLELY UPON A PLEA-BARGAIN. THIS SHOWS NOTHING BUT LACK OF LEGAL PROOFS ALL ALONG!
IT IS OBVIOUS THAT THIS CASE WITH THESE “ILLEGAL” AND “EMBARRASSING” PROOFS AND VIOLATIONS OF HUMAN RIGHTS “FACES” A PROCEEDING REJECTION ON U.S. COSTITUTIONAL BASIS AND THE MILITARY JUDGE WILL EITHER STOP IT OR THE CASE BECOMES VERY COMPLEX SO THAT WILL DRAG ON FOR QUITE A WHILE.
BOTH MR BUSH AND THE PENTAGON NEED TO KEEP PUBBLIC ATTENTION ON MEDIA FOR SOME TIME ON A DESPERATE EFFORT TO REGAIN SOMEWHAT LEGALITY AND CREDIBILITY AFTER THEIR SERIES OF FAILURES IN THEIR “WAR ON TERROR”. OTHERWISE WHY SEEK TRIAL THEN?
US seeks death penalty for Guantánamo detainees
12 February 2008
A spokesperson for Amnesty International condemned the move, saying the charges raise yet more questions about the USA’s conduct in the “war on terror”.
“A matter of weeks after the United Nations General Assembly voted for an end to executions, the USA is raising the spectre of death sentences after fundamentally flawed trials in Guantánamo. The international community must challenge the USA to drop these military commissions and conduct trials in front of independent and impartial courts, without resort to the death penalty,” said Rob Freer, Amnesty International’s researcher on USA. Five of the six men charged were held for more than three years in secret CIA custody at unknown locations before being transferred to Guantánamo in September 2006. The CIA has also confirmed that at least one of the men charged, Khalid Sheikh Mohammed, was subjected to “waterboarding” – simulated drowning.
“Waterboarding is torture, and torture is an international crime. No one has been held accountable for such crimes. Impunity in relation to the CIA program remains a hallmark of the USA’s conduct in the ‘war on terror,’” said Rob Freer.
“Ever since the crime against humanity that was committed on 11 September 2001, Amnesty International has called on the USA to pursue justice and security within a framework of respect for human rights and the rule of law. The US government’s systematic failure to do this is illustrated not only by the treatment of these six detainees over the past five years or more, but also by the military commissions before which they are set to appear.”
The sixth man charged is Mohamed al-Qahtani, who was subjected to torture and other ill-treatment in Guantánamo in late 2002. Despite suffering sexual and other humiliation, sleep deprivation, hooding, stripping, loud music, white noise, and extremes of heat and cold, the Pentagon concluded that his treatment did not amount to inhumane treatment. “The Pentagon, along with the President, has overarching influence over the operation of the military commissions,” said Rob Freer. “In other words, these sub-standard tribunals lack independence from the same executive branch that has authorized and condoned systematic human rights violations committed against these detainees.”
Pentagon seeks death penalty against six detainees in Sept. 11 attacks
By RICHARD SISK
DAILY NEWS WASHINGTON BUREAU
Monday, February 11th 2008, 12:15 PM
"The military judge will decide if this evidence is admitted," Air Force Brig. Gen. Thomas Hartman said of the "enhanced interrogation techniques" including waterboarding that the CIA used on the accused.
President Bush and Vice President Cheney have repeatedly said that the CIA's techniques helped to prevent additional attacks on the U.S.
Hartman, a Pentagon legal adviser, said preliminary legal proceedings in the cases were not likely to begin before May or June, and it was not immediately clear whether 9/11 families would be able to attend the proceedings or watch on closed-circuit TV.
Hartman also said that the defendants would have the right to appeal verdicts through the civil appeals process all the way to the U.S. Supreme Court.
Hartman stressed that the charges "are only allegations," and the defendants "are and will remain innocent unless proven guilty beyond a reasonable doubt."
Although Sheikh Mohammed and the others allegedly have admitted to other crimes, Hartman said the cases wold be limited to 9/11 acts. He said the murder of Wall Street Journal correspondent Daniel Pearl was not part of the case.
Much of the responsibility for deciding how the cases proceed and what evidence is admitted will fall to Susan J. Crawford, a former judge on the U.S. Court of Appeals for the Armed Services and a general counsel to the Army.
Last week, Crawford was named the "convening authority" for the military commissions in the terror cases, with wide-ranging powers to decide matters of law.