Sunday, April 01, 2007

"The worst of the worst"

The military tribunals on Guantanamo Bay are intended to achieve what, exactly?

“Today in this courtroom, we are on the front lines of the global war on terror,” Colonel Chenail told a panel of military officers assembled from around the globe Friday to hear arguments on the appropriate sentence. Mr. Hicks pleaded guilty on Monday to providing material support to Al Qaeda. “The enemy is sitting at the defense table,” Colonel Chenail added, gesturing to Mr. Hicks. “We are face to face with the enemy” who was “trying to kill Americans,” he said.

But to some in the courtroom, the proceedings proved only that the system was rigged to show detainees that the only way out of Guantánamo was to give the prosecutors what they wanted. Not only did Mr. Hicks plead guilty, but he also signed a plea bargain in which he recanted his accusations about being abused in detention and promised not to speak to reporters for a year.

In the courtroom, the military judge had Mr. Hicks acknowledge each of the contentious provision of his deal. Mr. Hicks, the judge read, agreed that he had “never been illegally treated” while in American captivity, including “through the entire period of your detention by the United States at Guantánamo Bay, Cuba.” Mr. Hicks agreed to that statement.

Mr. Hicks’s lawyer, Maj. Michael Mori of the Marines, said he was speaking for his client, who he said was too nervous to speak for himself. “He wants to apologize to Australia and to the United States,” Major Mori said during the proceedings, adding that Mr. Hicks wanted to thank members of the armed services who, he said, had treated him professionally.

In the cadre of observers from advocacy and human rights groups here to monitor the proceedings, the plea deal Mr. Hicks reached was fresh evidence of the coercive power of this place. The plea bargain included a provision that will get Mr. Hicks out of detention here and into an Australian prison to serve the rest of his sentence within 60 days.

That provision as much as any served as a reminder of the international crosscurrents that will swirl around many of the cases here. There had been growing diplomatic pressure on the Bush administration to return Mr. Hicks to Australia, where his case has drawn wide attention and where Prime Minister John Howard, one of President Bush’s most stalwart supporters, is facing a tough re-election fight.

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