Detention at Guantanamo

The BBC recently published an informative article that deals with the legality of the detainees at Guantanamo and the various processes that defendants are subjected to.

What about evidence obtained by torture or coercion?

Evidence obtained under torture will not be permitted, but evidence obtained by coercion could be.

One problem is that "waterboarding" is not classified as torture by the Bush administration.

If evidence was obtained before 30 December 2005 (that is, the date when the Detainee Treatment Act came into force, outlawing "cruel, inhuman or degrading treatment"), the military judge can allow the evidence if "the totality of the circumstances renders the statement reliable" and "the interests of justice would best be served".

This suggests that some evidence obtained in the so-called "secret prisons" operated by the CIA might be admissible. If it was obtained after 30 December 2005, then the judge would also have to be satisfied that no "cruel, degrading or inhumane treatment" had been used.

Read the whole article

Guantanamo Bay Trials Begin

The New York Times reports the beginning of the Guantanamo Bay trails. The report concludes that this is not only a trial for Salim Hamdan but also a trial for these tribunals:

Mr. Hamdan’s trial is, in a sense, two trials. Mr. Hamdan is being tried on accusations of conspiracy and material support of terrorism. And the Bush administration’s military commission system itself is on trial. After years of debate, protest and litigation, the legal standing of the tribunal system at Guantánamo remains a question for American courts and officials around the world.

The chief Guantánamo prosecutor, Col. Lawrence J. Morris of the Army, said this first Guantánamo tribunal was “the most just war crimes trial that anybody has ever seen.”

Matt Pollard, a legal adviser for Amnesty International who is an observer here, sees it differently. He said he was struck by a sense that the proceedings were more of a replica of a trial than a real one.

“We are within a frame of a beautiful picture,” created by the Pentagon, Mr. Pollard said. “When you’re inside that frame, everything looks nice.”

The Guantánamo legal system was intended to try “unlawful enemy combatants” caught on the post-Sept. 11 battlefield. Prosecutors say there is little room for the usual legal restrictions in interrogations intended to prevent a terrorist attack. The administration’s strategy in using the Guantánamo naval station was based on its belief that the Constitution would not apply here.

Legal challenges to that assertion are among a number of factors that have delayed the government’s efforts to conduct trials here for years.

Read the whole report.

More Visas for Iraqis

The New York Times reports that the United States has expanded its Visa program ten fold for those Iraqis employed by the American government in Baghdad:

Although the program was established by law in January, it has become a practical reality just in the last two to three weeks as guidelines have been finalized and the embassy has brought in staff members and started processing applications.

The decision is the latest step in the administration’s attempt to answer sharp criticism over its failure to help even those Iraqis who have made the American presence in Iraq possible by serving as translators and supervisors on embassy projects, for the American military and for the Agency for International Development. But critics in the refugee relief community noted that the State Department had promised several times that it would try to speed up the process, and that it had not come through.

State Department officials attribute the gap between words and deeds to a cumbersome refugee resettlement system that includes fingerprinting, job checks, name checks and interviews.

The program will allow 5,000 Iraqis to go to the United States for each of the next five years. Each person can take immediate family members, who include spouses and children. More distant relatives, including siblings, parents and grandchildren, can apply under another program. So the actual numbers emigrating will probably be considerably higher. The average Iraqi household is estimated to have about six people, according to officials from the International Organization for Migration.

Read more.

Is Waterboarding Torture?

The discussion continues as Gasper Tringale reports on his experience in Vanity Fair:

What more can be added to the debate over U.S. interrogation methods, and whether waterboarding is torture? Try firsthand experience. The author undergoes the controversial drowning technique, at the hands of men who once trained American soldiers to resist—not inflict—it.

Tringale voluntarily underwent waterboarding. He describes the effect of waterboarding:

Also, in case it’s of interest, I have since woken up trying to push the bedcovers off my face, and if I do anything that makes me short of breath I find myself clawing at the air with a horrible sensation of smothering and claustrophobia.

Read about his experience.