[News] Guantanamo attempt to subvert the rule of law

[News at freedomarchives.org]

Guantanamo review offers hope to British prisoners

http://news.independent.co.uk/low_res/story.jsp?story=543718&host=3&dir=70



By Andrew Buncombe in Washington and Anne Penketh





23 July 2004

The four British prisoners at Guantanamo Bay could be released after a 
legal review being carried out behind closed doors by US military officers, 
a senior British official said yesterday.

The official said that the British prisoners could be released and, 
presumably, allowed home without charge.

Just a few months ago the Bush administration insisted that the four 
Britons were "too dangerous" to be released.

"[The four] could find themselves released as a result of this process," 
said the British official.

That process, due to begin next Monday or Tuesday, involves the 
interviewing by US military officers of more than 600 prisoners held at 
Guantanamo Bay to determine the legality of their detention. The initial 
hearings, or Combatant Status Review Tribunals, will be held in private 
until arrangements for the press can be made.

The Pentagon announced the hearings after a Supreme Court ruling that the 
so-called "enemy combatants" - most seized after the US-led war against 
al-Qa'ida and the Taliban in Afghanistan - had the legal right to challenge 
their detention. Until then the Bush administration had argued that the US 
had the right to order their detention without access to lawyers or the courts.

Reports suggest that there is likely to be three review tribunals, with 
three officers sitting on each panel. The panels will conduct one-time-only 
reviews.

If a panel determines that the prisoner is not an enemy combatant, then the 
case will be sent to the Defence Secretary, Donald Rumsfeld, to decide 
whether the detainee should be returned to his country. Detainees still 
judged to be a danger to the US would continue to be held.

Critics of the process say the hearings are little more than a distraction 
from the Supreme Court's ruling, which gave the prisoners access to the 
federal court. The prisoners will be assigned military assistants, but not 
lawyers, to help to prepare them for their hearings.

"It is a complete scam," said Clive Stafford Smith, a lawyer who has filed 
suits on behalf of the British prisoners, along with three British 
residents also being held. "It is a total mockery and designed to give them 
some cover when they eventually release these people."

Jeffrey Fogel, legal director of the Centre for Constitutional Rights, told 
CNN: "The Supreme Court ruling requires access to legal representation. 
This process is an elaborate window-dressing and an attempt to subvert that 
ruling and the rule of law."

Five Britons were released from Guantanamo Bay in February, but another 
four remain - Feroz Abbasi, Moazzam Begg, Martin Mubanga and Richard 
Belmar. Three British residents, Bisher al-Rawi, Jamil al-Banna and Jamal 
Abdullah, are also being held there.

Last month the Supreme Court ruled that the prisoners from President George 
Bush's "war on terror" could not be held indefinitely without access to the 
courts. The court's ruling overturned a lower court decision that the 
prison, on a US naval base in Cuba, was outside the courts' jurisdiction 
because the base was not on sovereign US territory.



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