Tuesday, July 29, 2008

"This is not America"

Potemkin trials, Potemkin justice.

GUANTÁNAMO BAY, Cuba — On the surface, the proceedings unfolding inside a makeshift courthouse on a hill here resemble an American trial. A judge wearing a black robe presides. There is a public gallery and a witness stand. Prosecutors present witnesses, and defense lawyers cross-examine them. Objections are made and ruled upon.

But behind the judicial routine at the first trial for a Guantánamo detainee lies a parallel universe of law and lawyers. Secret evidence held in red folders is not revealed in open court. The gallery is mostly empty, because there are no members of the public. In what would be the jury box, every occupant wears a military uniform.

[...]

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.”

[...]

With few seats designated for reporters in the courtroom, the Pentagon set up closed-circuit televisions at a news media center in an old hangar. During some critical moments in the first week of testimony, the courtroom camera was pointed away from witnesses’ faces and the evidence, including documents and videotapes.

When a reporter noted that in America reporters were permitted to see witnesses and evidence, a spokeswoman for the Office of Military Commissions at the Pentagon, Maj. Gail Crawford, responded, “This is not America.”


Truer words were never said.

Keep in mind that Hamdan's boss, Abdellah Tabarak, was released from Guantanamo in 2004, and now walks the streets of Morocco, a free man.

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