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Old 10-21-2008, 09:35 AM   #1 (permalink)
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US drops charges against 5 Gitmo prisoners

Quote:
US drops charges against 5 Guantanamo prisoners - Yahoo! News


US drops charges against 5 Guantanamo prisoners


Bookmarks Print 44 mins agoSAN JUAN, Puerto Rico – The U.S. military says it is dropping war-crimes charges against five Guantanamo Bay detainees.

A military spokesman says the government can renew the charges later. The chief prosecutor — Army Col. Lawrence Morris — will review material, coordinate with intelligence agencies and recommend appropriate action in each case.

Spokesman Joseph DellaVedova said Tuesday the charges were dropped against Noor Uthman Muhammed, Binyam Mohamed, Sufyiam Barhoumi, Ghassan Abdullah al Sharbi and Jabran Said Bin al Qahtani.

The move comes after a prosecutor for another detainee resigned, alleging the military was suppressing evidence favorable to the defense.

if after 7 years, the US drops charges against those it deems the 'worst of the worst', i really do wonder why Gitmo exists at all.

if enough evidence cant be produced in a kangaroo court to convict these suspects, then i dare say they be freed. Keeping detainees against Geneva Conventions coupled with human rights violations, renditions and waterboarding does little to further the cause of the US in the eyes of the global community.

if theres enough evidence, by all means try them and convict them justly. there are now 22 innocent people languishing in Gitmo that we know of. There 5, plus 17 Uighurs who cannot be repatriated back to China for saftey issues. heres a link if anyone is interested about the Uighurs story.

US court blocks release of Uighurs from Guantanamo - Yahoo! News
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Old 10-21-2008, 02:06 PM   #2 (permalink)
 
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here's a longer article on the same problem(s):

Quote:
U.S. Drops Charges Against 5 Detainees
By WILLIAM GLABERSON

The Pentagon official in charge of prosecutions at Guantanamo on Tuesday dismissed war-charges against five detainees, the latest setback to the government’s military commission system.

The official, Susan J. Crawford, has broad power over the military commission tribunals, including the power to dismiss charges, but she does not have to provide public explanations for her decisions and did not on Tuesday.

But a statement from her office said the charges against the five were dismissed without prejudice, which means “the government can raise the charges again at a later time.”

After the decision was announced, Col. Lawrence J. Morris, the chief military prosecutor, said that supervising lawyers in his office had asked Ms. Crawford to withdraw the charges. He said all five would be resubmitted after a review of their files, which had been handled by a prosecutor who left the office after questioning the judicial fairness at Guantanamo.

The best known of the five detainees is Binyam Mohammed, a former British resident who claimed harsh torture methods had been used against him. Government officials have accused him of taking part in a plan to attack the United States with a radioactive dirty bomb.

The Bush administration has long said that it would like to close the detention camp, where 255 detainees are being held on the naval station at Guantanamo Bay, Cuba. But officials have said in recent days that no action would likely be taken before the end of Mr. Bush’s term in January. One reason they cited was uncertainty about how legal cases against the remaining detainees would be handled inside the United States.

Ms. Crawford also dismissed without prejudice charges that had been presented to her against four other detainees: Noor Uthman Muhammed, Sufyiam Barhoumi, Ghassan Abdullah al Sharbi, and Jabran Said Bin al Qahtani.

All five cases had been handled by Lt. Col. Darrel Vandeveld, a military prosecutor who stepped down from his position in September, saying publicly that there were systemic problems in the prosecution that raised ethical issues. Colonel Vandeveld, an Army reserve officer and the latest person to quit the prosecutor’s office in Guantanamo, said the prosecutors did not fully comply with rules that require that they turn over any information that might help the defense.

Colonel Morris has denied that Colonel Vandeveld’s departure was related to a dispute about complying with legal rules for the proper handling of cases.

“I don’t want to unduly attribute responsibility to him,” Colonel Morris said of reviewing the files handled by Colonel Vandeveld. “We have found that there is more work to be done on all these cases.” He said he had recently appointed new prosecutors to each of the cases.

But detainees’ lawyers cast the decision to withdraw the charges as the latest in a series of difficulties government lawyers have had in pressing cases against Guantanamo detainees.

“My impression is it is just a mess, and the floor is collapsing underneath them,” said Clare Algar, the executive director of Reprieve, an international legal organization that represent many detainees including Binyam Mohammed.

Colonel Vandeveld has said recently that he was ordered by military superiors not to comment on the Guantanamo cases and did not respond to a message seeking comment Tuesday.

A military defense lawyer for other cases, Maj. David J. R. Frakt, said the decision to re-evaluate the five cases showed that the military had been shaken by Col. Vandeveld’s assertion that there were widespread questions about the fairness of the war-crimes system at Guantanamo.

Major Frakt, who is in the Air Force Reserve, recalled that Colonel Vandeveld had argued that there were difficulties with the way each of the cases he had worked on had been handled. “He said there are systemic problems across the board and he’s on all these cases,” Major Frakt said, suggesting that may have been why the five cases were dismissed Tuesday.
http://www.nytimes.com/2008/10/22/wa...hp&oref=slogin

this is one of those situations that the bush people made ex nihilo that has done real damage. and there's a kind of poetic justice to the way this has started--finally--to collapse--charges about the suppression of evidence leading to a whisteblowing resignation.

it's pretty clear that there's nothing about the united states that saves it from organized hysteria, given the correct circumstances. in a context of organized hysteria, the "system of checks and balances" can be and was overridden, and genuinely appalling outcomes can result--and have resulted. there's an arrogance amongst the flag-waving set about the system here, that it is always and in every situation above reproach, and this despite an extensive history of actions elsewhere that obviate that, despite such debacles as the war in vietnam which should have overridden it---but such was the function of the meme "the vietnam syndrome" and the massive reactionary circle-jerk that was the reagan administration's "feel good about america" thing, an ideological lobotomy that opened the possibility up for this kind of outrageous action.

gitmo. there's an entire political class that knuckled under on this one. there's hell to pay for it, sooner or later.

at the moment, though, there remains this bizarre circle--they "want to close" gitmo but they "can't figure out how to do it" because, well, some of the folk who were illegally emprisoned there--in some cases after a lovely vacation in that special amusment area brought to you by the republican party called "extraordinary rendition"---some of them pose logistical problems. they say. so these folk will continue to rot in this place until the next president comes in to erase the whole situation.

the "war on terror"--the phase between 2001 and 2005---was a low point. what's happening in the economic order now is a political consequence of it. there will be more consequences.

personally, i'd like to see rumsfeld at the least brought up on crimes against humanity charges for this.
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