Post by ocelot on Jun 5, 2007 8:54:28 GMT -5
Dropped charges in 2 cases puts U.S. terror trials in limbo
Last Updated: Tuesday, June 5, 2007 | 7:17 AM ET
CBC News
The White House is being urged to re-examine the way it tries war-crimes suspects at Guantanamo Bay after American military judges dropped terrorism charges against two prisoners.
On Monday, the U.S. judges abruptly dropped all charges against two men being held at the prison in Cuba — Omar Khadr, a Canadian accused of killing a U.S. soldier, and Yemen's Salmi Ahmed Hamdam, who was accused of being al-Qaeda leader Osama bin Laden's chauffeur.
In this courtroom sketch, Omar Khadr, far left, sits beside three lawyers at the military commission at Guantanamo U.S. Naval Base on Monday.
(Janet Hamlin/Associated Press) In the two separate cases, the judges based their decisions on a technicality that throws the military commission trials process into doubt.
Khadr, a 20-year-old from the Toronto area who had been facing charges of murder and terrorism, appeared on Monday before a military commission in Guantanamo, where he was expected to be arraigned.
Instead, the judge, army Col. Peter Brownback, dismissed the charges for technical reasons.
Under the Military Commissions Act that was revised and passed by the U.S. Congress in October 2006, military commissions only have jurisdiction to try "unlawful enemy combatants." However, Khadr was classified by a military panel in 2004 as only an "enemy combatant" — which is what led the judge to dismiss the charges on Monday.
The military judge hearing Hamdan's Case later dropped all charges against him as well, similarly reasoning the Pentagon had failed to classify him properly.
Lt.-Commander Charles Swift, who represents Hamdam, said that "if we go back to a system that's tried and true, the court martial," then lawyers can resume proving their clients' innocence or guilt, "rather than playing these procedural games."
None of the roughly 380 detainees at Guantanamo have been classified as "unlawful" enemy combatants, which is why the rulings could jeopardize the military commission system set up by U.S. President George W. Bush, said Col. Dwight Sullivan.
Sullivan, the chief of U.S. defence lawyers at Guantanamo, told CBC News "the experience of the military commission system demonstrates that it's a failure."
"Rather than trying to revive these charges, it seems time for the United States to take a new look and find a new way to deal with these cases," he said.
Sullivan suggested using the U.S. federal court system as an alternative.
Officials at the Pentagon said the rulings exposed flaws in the military commissions and that they would consider appeals. The U.S. Defence Department said Monday that there would be an appeal of the judge's decision within 72 hours, but if appeals failed, they could redesignate the detainees.
Despite the rulings, however, it's unlikely to mean freedom for either Hamdam and Khadr — the only Canadian at the U.S. prison — or any of the other detainees there.
Khadr was 15 when he was captured in Afghanistan in 2002 and imprisoned in Guantanamo. He was accused of throwing a grenade that killed American medic Sgt. First Class Christopher J. Speer.
Khadr and Hamdan are two of only three Guantanamo prisoners who faced charges under the new system.
Hamdan, charged with conspiring to harm U.S. citizens, has admitted to being a driver for Osama bin Laden but denied taking part in the Sept. 11, 2001, attacks against the United States.
David Hicks pleaded guilty in March to providing material support to al-Qaeda. He was released from Guantanamo and is serving out his nine-month sentence in his native Australia.
Last Updated: Tuesday, June 5, 2007 | 7:17 AM ET
CBC News
The White House is being urged to re-examine the way it tries war-crimes suspects at Guantanamo Bay after American military judges dropped terrorism charges against two prisoners.
On Monday, the U.S. judges abruptly dropped all charges against two men being held at the prison in Cuba — Omar Khadr, a Canadian accused of killing a U.S. soldier, and Yemen's Salmi Ahmed Hamdam, who was accused of being al-Qaeda leader Osama bin Laden's chauffeur.
In this courtroom sketch, Omar Khadr, far left, sits beside three lawyers at the military commission at Guantanamo U.S. Naval Base on Monday.
(Janet Hamlin/Associated Press) In the two separate cases, the judges based their decisions on a technicality that throws the military commission trials process into doubt.
Khadr, a 20-year-old from the Toronto area who had been facing charges of murder and terrorism, appeared on Monday before a military commission in Guantanamo, where he was expected to be arraigned.
Instead, the judge, army Col. Peter Brownback, dismissed the charges for technical reasons.
Under the Military Commissions Act that was revised and passed by the U.S. Congress in October 2006, military commissions only have jurisdiction to try "unlawful enemy combatants." However, Khadr was classified by a military panel in 2004 as only an "enemy combatant" — which is what led the judge to dismiss the charges on Monday.
The military judge hearing Hamdan's Case later dropped all charges against him as well, similarly reasoning the Pentagon had failed to classify him properly.
Lt.-Commander Charles Swift, who represents Hamdam, said that "if we go back to a system that's tried and true, the court martial," then lawyers can resume proving their clients' innocence or guilt, "rather than playing these procedural games."
None of the roughly 380 detainees at Guantanamo have been classified as "unlawful" enemy combatants, which is why the rulings could jeopardize the military commission system set up by U.S. President George W. Bush, said Col. Dwight Sullivan.
Sullivan, the chief of U.S. defence lawyers at Guantanamo, told CBC News "the experience of the military commission system demonstrates that it's a failure."
"Rather than trying to revive these charges, it seems time for the United States to take a new look and find a new way to deal with these cases," he said.
Sullivan suggested using the U.S. federal court system as an alternative.
Officials at the Pentagon said the rulings exposed flaws in the military commissions and that they would consider appeals. The U.S. Defence Department said Monday that there would be an appeal of the judge's decision within 72 hours, but if appeals failed, they could redesignate the detainees.
Despite the rulings, however, it's unlikely to mean freedom for either Hamdam and Khadr — the only Canadian at the U.S. prison — or any of the other detainees there.
Khadr was 15 when he was captured in Afghanistan in 2002 and imprisoned in Guantanamo. He was accused of throwing a grenade that killed American medic Sgt. First Class Christopher J. Speer.
Khadr and Hamdan are two of only three Guantanamo prisoners who faced charges under the new system.
Hamdan, charged with conspiring to harm U.S. citizens, has admitted to being a driver for Osama bin Laden but denied taking part in the Sept. 11, 2001, attacks against the United States.
David Hicks pleaded guilty in March to providing material support to al-Qaeda. He was released from Guantanamo and is serving out his nine-month sentence in his native Australia.