No Justice for 9/11 Victims Found Here
Statement of September 11th Advocates Regarding Guantanamo Bay Military Tribunals
For Immediate Release
May 4, 2012
The U.S. Government found itself in a conundrum when they allowed prisoners, like Khalid Sheikh Mohammed (KSM), to be tortured in secret prisons around the world. Once tortured, any confession or testimony from KSM, or others, could not be deemed reliable. Furthermore, the focus of the eventual proceedings would become a trial about the practice of torture, instead of being a trial about alleged terrorist crimes. That would have been untenable for the U.S. Government, which wants to avoid any and all accountability for their own crimes of torture.
In order to bypass potential discussion of torture, the latest Chief Prosecutor for the Military Commissions, Brig. General Mark Martins, found a willing witness in Majid Khan, a fellow GITMO inmate to KSM. Khan himself was not involved in the 9/11 plot. He supposedly got his information from time spent behind bars at GITMO with KSM. Kahn will be allowed to give this hearsay evidence against KSM in return for a reduced sentence. However, Khan’s sentencing won’t take place for four years. It seems the Prosecution is pinning their hopes and dreams on Khan’s upcoming performance. None of this lends credibility to an already suspect system. Additionally, with campaigning for the upcoming Presidential elections heating up, the timing of this latest attempt at justice for 9/11 is exploitive at best.
9/11 defendants charged in Guantanamo court
May 5, 2012
Hindustan Times
The five men accused of plotting the deadly September 11, 2001 attacks in the United States were formally charged on Saturday with crimes that include murder and terrorism. Confessed mastermind Khalid Sheikh Mohammed and the four other accused opted to plead neither innocent nor
guilty, but rather to defer their plea to a later date.
The special military tribunal charged Mohammed, 47, and the four others with “conspiracy, attacking civilians, murder and violation of the law of war, destruction, hijacking, terrorism” for their role in the strikes in which Al-Qaeda militants flew hijacked airliners into the World Trade Center in New York, the Pentagon, and a field in Pennsylvania.If found guilty, the five face the death penalty for their role in the attacks that killed 2,976 people.
After a hearing lasting more than nine hours, Mohammed and the co-defendants — in a much-anticipated first public appearance in three years — opted to defer their plea.
“Maybe you’re not going to see us any more,” Binalshibh shouted out in a dramatic moment at the arraignment hearing in the US base in southeastern Cuba, telling Judge James Pohl, “You are going to kill us.”
Dressed in white jumpsuits, with some wearing white turbans, the men mostly watched the proceedings in silence, refusing to engage with the officials. Binalshibh interrupted however by suddenly standing to pray, and then alternately kneeling and standing. He also shouted out: “The era of Kadhafi is over but you have Kadhafi in the camp … you are going to kill us and say that we are committing suicide.”
The arraignment, one of the last steps before a so-called “trial of the century” takes place, marks the second time the United States has tried to prosecute the 9/11 suspects.
Mohammed’s lawyer David Nevin said his client, who three years ago confessed to the 9/11 attacks “from A to Z,” probably would not speak at the hearing because he is “deeply concerned by the fairness of the process.”
The hearing comes about one year after President Barack Obama ordered the US Navy SEALs raid that killed Al-Qaeda chief Osama bin Laden. The five men have been held for years at the US naval base in southeastern Cuba while a legal and political battle has played out over how and where to prosecute them. Debates have also raged over their treatment. Mohammed was arrested in 2003 and spent three years in secret CIA jails where he was subjected to harsh interrogations, including waterboarding, and confessed to a series of attacks and plots.The trial could still be years away, unless Mohammed pleads guilty to be put to death sooner and become a “martyr” for al Qaeda.
Khalid Sheikh Mohammed: former military prosecutor denounces trial
by Chris McGreal
May 4, 2012
Guardian.co.uk
Morris Davis says allowing evidence from torture means the world will never see Guantanamo Bay trials as fair
The former chief US prosecutor at Guantanamo Bay has denounced the military trial of Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks due to appear in court at Guantanamo on Saturday, as intended primarily to prevent the defendants from presenting evidence of torture.Morris Davis, a former colonel who was chief prosecutor when Mohammed was brought to Guantanamo in 2006, said the military commissions will be badly discredited by the use of testimony obtained from waterboarding and other “enhanced interrogation” techniques used on the accused men. Davis, who resigned over the issue, wanted to see Barack Obama follow through on a commitment to move the trials to more open civilian courts but said that advocates of military tribunals prevailed in large part because the rules of evidence prevent the defendants from giving detailed descriptions of how they were tortured as well as other sensitive information such as details of the CIA’s secret detention programme and the co-operation of foreign countries, such as Britain, in their capture and interrogations. “The truth is the reason the apologists want a second-rate military commission option is because of what we did to the detainees, not because of what the detainees did to us,” he told the Guardian. “If you look beneath the layers on why there’s even an argument for military commissions, it’s really about our mistreatment of detainees – a fairly small number of people for a short period of time that because of what most people would call torture, it makes it a greater challenge to prosecute the cases in our regular courts.”
Second trial for Mohammed
This weekend’s hearing will be the second attempt to try Mohammed. At a similar hearing in 2008, he tried to plead guilty, saying he wanted to be put to death as a martyr, but the US supreme court later struck down the rules of evidence and the trial was called off. At the time, Mohammed said: “After torturing, they transferred us to inquisition land in Guantanamo.” Obama came to power a year later promising to scrap the military tribunals and close the Guantanamo prison because they were “a symbol that helped al-Qaida recruit terrorists to its cause”, but Congress blocked the move. The president did oversee important changes to the conduct of the military trials including new rules that do not allow a defendant’s own confessions under torture to be used against him. But the statements of others who were tortured can be used which permits the interrogations of the five accused to be used against each other. The military tribunal rules also forbid discussion of torture and other sensitive information that would be heard in a civilian court. The public and press are kept behind a glass screen at Guantanamo and the proceedings they hear are subject to a 40-second delay so censors can block testimony the government does not want made public. The five accused were held incommunicado for several years by the CIA which subjected Mohammed to waterboarding 183 times. Other forms of torture used against the men, with legal cover from the Bush administration, included being made to stand naked for days at a time, beatings, being smashed against walls, threats of rape and sleep deprivation. The International Red Cross described the conditions as inducing “severe physical and mental pain and suffering, with the aim of obtaining compliance and extracting information”. Human rights groups have also criticised the Guantanamo tribunals because the military gets to hand pick the judge and jury, which is made up of men and women serving in the forces fighting al-Qaida. The prosecution has considerable control over defence lawyers’ access to evidence and ability to subpoena witnesses.
‘We’ve screwed this process up for so long’
Davis was chief military prosecutor when Mohammed arrived at Guantanamo in 2006. “He’s such an arrogant guy that we joked about charging his co-accused as capital cases eligible for the death penalty but not him. We thought it would aggravate the hell out of him that we thought somebody was more important than he was. It would really offend him that somebody else got the death penalty and he didn’t, they were a bigger player than him,” he said. “That’s what he wants. He wants to be a martyr. His trial is his last chance to stand up and address the world, and then he wants to be executed and be a martyr. My view is why give him what he wants? His view of hell would be a long and healthy life spent being totally irrelevant.”
But a year later, Davis said he turned against the military commissions because he was being pressured to use evidence obtained through torture.” For nearly two years I was the leading advocate for military commissions and for Guantanamo. I honestly believed that we were committed to having full fair and open trials,” he said. Davis said that it was originally agreed that no statements tainted by torture would be used but that changes among more senior officers led to a shift in policy. “My immediate boss who came in in the summer of ’07 said: President Bush said we don’t torture, so if the president says we don’t torture who are you to say we do? We’ve got all this information we collected using these techniques so you need to use it,” he said. “It’s really ironic. When KSM was arraigned in 2008, he said he wanted to plead guilty, he wanted to stand up and tell what he did, and he wanted to be executed and be a martyr for the cause. Then you’ve got the prosecution who want to convict him for what he did, establish what he did, and then execute him for what he did. The two sides are in agreement about what they want to do. It’s how do you get there? We’ve screwed this process up for so long that I just don’t think there’s any way to rehabilitate the evidence of a military commission where the world’s going to look at it and say that’s a credible and fair process.”