<html>
<body>
<font size=3>
<a href="http://www.counterpunch.org/worthington09242008.html" eudora="autourl">
http://www.counterpunch.org/worthington09242008.html<br><br>
</a></font><font face="Verdana" size=2>September 24, 2008 <br><br>
</font><h1><font face="Times New Roman, Times" size=4><b>Government Says
Six Years Not Long Enough to Prepare Evidence <br><br>
<br>
</i></font><font face="Times New Roman, Times" size=5 color="#990000">The
Guantánamo Trials
</b></font></h1><font face="Times New Roman, Times" size=4>By ANDY
WORTHINGTON <br><br>
</font><font face="Verdana" size=6 color="#990000">I</font>
<font face="Verdana" size=2>magine being seized in Afghanistan or
Pakistan, where you were, perhaps, a completely innocent man, sold for a
bounty, or a Muslim soldier, fighting other Muslims in a civil war whose
roots lay in the resistance to the Soviet occupation of the 1980s, which
was partly funded by the United States.<br><br>
Then imagine that, both during and after being treated with appalling
brutality by US forces, you are given no opportunity to establish whether
you are an innocent man seized by mistake, a soldier, or the victim of
bounty hunters, and you are, instead, flown halfway around the world to
an experimental offshore prison, where you are interrogated about your
connections to al-Qaeda and Osama bin Laden. <br><br>
At no point are you offered the protection of the Geneva Conventions (to
which your captors are a signatory), which were designed to prevent the
“humiliating and degrading treatment” of prisoners seized during wartime,
and also to prevent their interrogation (prisoners may be questioned, but
any form of “physical or mental coercion” is prohibited). Moreover, if
you struggle to answer the questions put to you -- perhaps because you
know nothing about al-Qaeda or Osama bin Laden -- you are not only
interrogated relentlessly, you are also subjected to an array of
“enhanced interrogation techniques,” which contravene the UN Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, to which your captors are also a signatory.<br><br>
Now imagine that, after six and a half years of this imprisonment -- in
which, unlike convicted criminals on the US mainland, you have never been
charged or tried, and have not been allowed a single visit from your
loved ones -- the highest court in the United States rules, in
<a href="http://www.counterpunch.org/worthington06132008.html"><i>
Boumediene v. Bush</a></i>, that you have habeas corpus rights; in other
words, the right to know why you are being held. And finally, imagine
that, in response to this ruling, when the judges responsible for
establishing the reviews have
<a href="http://www.andyworthington.co.uk/2008/07/18/whats-happening-with-the-guantanamo-cases/">
ordered</a> the cases to be addressed “as expeditiously as possible,” and
have set a deadline for the government to comply, your captors turn
around and say that, after holding you for up to 2,444 days in
Guantánamo, they need more time to prepare a case against you.<br><br>
You would, I think, be appalled, and would conclude that the government
was specifically dragging its heels for political purposes, hoping to
avoid humiliation ahead of the Presidential election, and, in particular,
hoping to prevent a replay of the verdict in
<a href="http://www.counterpunch.org/worthington07012008.html"><i>Parhat
v. Gates</a></i>, the only case reviewed since the Supreme Court made its
ruling in June, in which the judges -- two Conservatives and a Liberal,
no less -- ruled that the designation of Huzaifa Parhat, a Chinese
Muslim, as an “enemy combatant” was “invalid,” and lambasted the quality
of the government’s evidence as being akin to a nonsense poem by Lewis
Carroll, author of <i>Alice’s Adventures in Wonderland</i>.<br><br>
And in this opinion you would, I think, be correct. When the Supreme
Court ruled that the prisoners were entitled to “a prompt habeas corpus
hearing,” and added that, “[w]hile some delay in fashioning new
procedures is unavoidable, the costs of delay can no longer be borne by
those who are held in custody,” it’s certain that they did not intend,
over three months down the line, for the government still to be dragging
its heels. In the immediate wake of the Supreme Court’s ruling, meetings
were scheduled to appoint judges to review the 250 cases and to set dates
for the government and the prisoners’ defense lawyers to file their
evidence. On July 11, the District Court dealing with the reviews
“ordered the government to file factual returns at a rate of fifty per
month, with the first fifty due by August 29, 2008.”<br><br>
“Just before midnight” on August 29, however, with only 22 returns filed,
the government filed an “instant motion” begging for more time, pleading
that it “simply did not appreciate the full extent of the challenges
posed by the extensive need for classified information in these cases
when [it] proposed to complete the first set of factual returns by the
end of August,” and asking for “partial and temporary relief” from the
order of July 11. Specifically, as Judge Hogan noted in the opinion of
September 19 (<a href="file://localhost/cgi-bin/show_public_doc">PDF</a>)
from which this article draws extensively, the government asked for an
extension of 30 days. High-ranking figures -- the Acting General Counsel
for the Department of Defense, the Assistant Attorney General for the
Civil Division of the Department of Justice, and the Director of the CIA
-- explained “the substantial resources and efforts the government has
devoted to preparing factual returns and the risk of harm to the national
security involved in releasing classified information to persons outside
the Executive Branch.”<br><br>
After noting that delaying the schedule by a month was neither “partial”
not “temporary” relief, Judge Hogan agreed to grant the government’s
motion. He stated that, after reviewing the declarations, “the Court is
satisfied that the government is not dragging its feet in an attempt to
delay these matters beyond what is necessary to protect the national
security concerns associated with releasing classified information. These
cases are not run of the mill; they involve significant amounts of
sensitive, classified information concerning individuals whom the
government alleges were part of or supporting the Taliban or al-Qaeda or
other organizations against which the United States is engaged in armed
conflict.”<br><br>
However, Judge Hogan also noted that “the Court grants the government’s
motion reluctantly,” explaining that “it is disappointed in the
government’s failure to meet the schedule the Court adopted based in part
on the government’s assurances.” Citing statements in which the
government claimed that it had “attempt[ed] to meet its goal” and that it
would “continue to strive to meet the 50-per-month requirement,” Judge
Hogan added, pointedly, that the Court was “not merely setting a ‘goal’
for which the government is to ‘strive,’” but was, rather, “ordering the
government to produce at least fifty factual returns by month’s end,
followed by at least another fifty more each month thereafter until
production is complete.” <br><br>
In conclusion, while Judge Hogan recognized, as the government explained,
that, since the Supreme Court ruling, its “[a]ttorneys and others from
multiple agencies have worked long and hard, nights and weekends,” he
reminded the executive that “the government has detained many of these
petitioners for more than six years, and the time has come to provide
them with the opportunity to fully test the legality of such detention in
a prompt, meaningful manner.”<br><br>
He added, with just a hint of irritation, that the decision to grant the
prisoners the right “to fully test the legality of their detention
through habeas corpus challenges” was “no bolt out of the blue,” as the
government contended, because the Supreme Court had ruled, four years
before (in <i>Rasul v. Bush</i>), that they had this right. This was, it
seems, a barbed comment on the legislation passed by the government in
the wake of <i>Rasul</i> (the Detainee Treatment Act and the Military
Commissions Act), which was partly overturned -- and ruled
unconstitutional -- in <i>Boumediene</i>.<br><br>
The Court’s decision will be small comfort to the prisoners languishing
in Guantánamo while the government does all in its power to avoid
exposing its reasons -- or lack of reasons -- for holding them, but it
shows, at least, that the judges responsible for reviewing their cases
are paying attention. <br><br>
<b>Andy Worthington</b> is a British historian, and the author of
'<a href="http://www.amazon.com/exec/obidos/ASIN/0745326641/counterpunchmaga">
The Guantánamo Files: The Stories of the 774 Detainees in America's
Illegal Prison'</a> (published by Pluto Press). Visit his website at:
<a href="http://www.andyworthington.co.uk/">www.andyworthington.co.uk</a>
He can be reached at:
<a href="mailto:andy@andyworthington.co.uk">andy@andyworthington.co.uk</a>
<br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>