Lawyers say UK Guantanamo Suspect Has No Hope of Fair Trial
The system of US military courts is so politically biased that Binyam Mohamed, a British resident held at Guantanamo Bay, has no prospect of a fair trial, his lawyers said yesterday.
A number of prosecutors appointed by the US defence department have resigned in protest at the procedures' perceived prejudice. Judges presiding over the military commissions, as they are called, have also attacked the way trials have been conducted at the detention centre in Cuba.
The system of US military courts is so politically biased that Binyam Mohamed, a British resident held at Guantanamo Bay, has no prospect of a fair trial, his lawyers said yesterday.
A number of prosecutors appointed by the US defence department have resigned in protest at the procedures' perceived prejudice. Judges presiding over the military commissions, as they are called, have also attacked the way trials have been conducted at the detention centre in Cuba.
Individuals singled out for attack include Pentagon official Susan Crawford, who will play a crucial role in Mohamed's trial, which is expected to start shortly, and her legal adviser, Brigadier General Thomas Hartmann.
Mohamed, 30, an Ethiopian national and British resident, was held in Pakistan in 2002, when he was questioned by an MI5 officer. He was later secretly rendered to Morocco, where he says was tortured by having his penis cut with a razor blade. The US subsequently flew him to Afghanistan and he was transferred to Guantanamo Bay in September 2004.
He denies any connection with terrorism, including claims he was involved in a "dirty bomb" plot, and says any confessions he may have made were extracted during torture.
Colonel Morris Davis, chief prosecutor of the military commissions, resigned from his post a year ago, saying fair trials were impossible and that the system had become "deeply politicised". He said Crawford, the "convening authority" in the Mohamed case, overstepped her role by directing the prosecution in a way that "perpetuates the perception of a rigged process stacked against the accused".
Hartmann was responsible for submitting recommendations about Binyam's case to Crawford, which defence lawyers have not been allowed to see. After US military commission judges ruled that Hartmann improperly influenced prosecutors and used evidence from interrogations that involved coercive techniques, the US defence department last month removed him from his post, where he was directly responsible for preparing individual military trials at Guantanamo Bay. However, he will remain overall director of the commission's operations.
Commenting on the move, Davis said: "Elevating his deputy and leaving him in the process, I'm afraid, will be like the Vladimir Putin-Dmitry Medvedev relationship where there's some real doubt over who pulls the strings."
Andy Worthington of Reprieve, the legal action charity whose lawyers represent Mohamed, said: "The military commission system is a mockery of justice. The case against Binyam Mohamed is irredeemably tainted by its association with Brigadier General Hartmann, and should immediately be dismissed."
The British government is refusing to release information which, Mohamed's lawyers say, would show he had been tortured and that both UK and US security and intelligence agencies knew about it.
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
The system of US military courts is so politically biased that Binyam Mohamed, a British resident held at Guantanamo Bay, has no prospect of a fair trial, his lawyers said yesterday.
A number of prosecutors appointed by the US defence department have resigned in protest at the procedures' perceived prejudice. Judges presiding over the military commissions, as they are called, have also attacked the way trials have been conducted at the detention centre in Cuba.
Individuals singled out for attack include Pentagon official Susan Crawford, who will play a crucial role in Mohamed's trial, which is expected to start shortly, and her legal adviser, Brigadier General Thomas Hartmann.
Mohamed, 30, an Ethiopian national and British resident, was held in Pakistan in 2002, when he was questioned by an MI5 officer. He was later secretly rendered to Morocco, where he says was tortured by having his penis cut with a razor blade. The US subsequently flew him to Afghanistan and he was transferred to Guantanamo Bay in September 2004.
He denies any connection with terrorism, including claims he was involved in a "dirty bomb" plot, and says any confessions he may have made were extracted during torture.
Colonel Morris Davis, chief prosecutor of the military commissions, resigned from his post a year ago, saying fair trials were impossible and that the system had become "deeply politicised". He said Crawford, the "convening authority" in the Mohamed case, overstepped her role by directing the prosecution in a way that "perpetuates the perception of a rigged process stacked against the accused".
Hartmann was responsible for submitting recommendations about Binyam's case to Crawford, which defence lawyers have not been allowed to see. After US military commission judges ruled that Hartmann improperly influenced prosecutors and used evidence from interrogations that involved coercive techniques, the US defence department last month removed him from his post, where he was directly responsible for preparing individual military trials at Guantanamo Bay. However, he will remain overall director of the commission's operations.
Commenting on the move, Davis said: "Elevating his deputy and leaving him in the process, I'm afraid, will be like the Vladimir Putin-Dmitry Medvedev relationship where there's some real doubt over who pulls the strings."
Andy Worthington of Reprieve, the legal action charity whose lawyers represent Mohamed, said: "The military commission system is a mockery of justice. The case against Binyam Mohamed is irredeemably tainted by its association with Brigadier General Hartmann, and should immediately be dismissed."
The British government is refusing to release information which, Mohamed's lawyers say, would show he had been tortured and that both UK and US security and intelligence agencies knew about it.
The system of US military courts is so politically biased that Binyam Mohamed, a British resident held at Guantanamo Bay, has no prospect of a fair trial, his lawyers said yesterday.
A number of prosecutors appointed by the US defence department have resigned in protest at the procedures' perceived prejudice. Judges presiding over the military commissions, as they are called, have also attacked the way trials have been conducted at the detention centre in Cuba.
Individuals singled out for attack include Pentagon official Susan Crawford, who will play a crucial role in Mohamed's trial, which is expected to start shortly, and her legal adviser, Brigadier General Thomas Hartmann.
Mohamed, 30, an Ethiopian national and British resident, was held in Pakistan in 2002, when he was questioned by an MI5 officer. He was later secretly rendered to Morocco, where he says was tortured by having his penis cut with a razor blade. The US subsequently flew him to Afghanistan and he was transferred to Guantanamo Bay in September 2004.
He denies any connection with terrorism, including claims he was involved in a "dirty bomb" plot, and says any confessions he may have made were extracted during torture.
Colonel Morris Davis, chief prosecutor of the military commissions, resigned from his post a year ago, saying fair trials were impossible and that the system had become "deeply politicised". He said Crawford, the "convening authority" in the Mohamed case, overstepped her role by directing the prosecution in a way that "perpetuates the perception of a rigged process stacked against the accused".
Hartmann was responsible for submitting recommendations about Binyam's case to Crawford, which defence lawyers have not been allowed to see. After US military commission judges ruled that Hartmann improperly influenced prosecutors and used evidence from interrogations that involved coercive techniques, the US defence department last month removed him from his post, where he was directly responsible for preparing individual military trials at Guantanamo Bay. However, he will remain overall director of the commission's operations.
Commenting on the move, Davis said: "Elevating his deputy and leaving him in the process, I'm afraid, will be like the Vladimir Putin-Dmitry Medvedev relationship where there's some real doubt over who pulls the strings."
Andy Worthington of Reprieve, the legal action charity whose lawyers represent Mohamed, said: "The military commission system is a mockery of justice. The case against Binyam Mohamed is irredeemably tainted by its association with Brigadier General Hartmann, and should immediately be dismissed."
The British government is refusing to release information which, Mohamed's lawyers say, would show he had been tortured and that both UK and US security and intelligence agencies knew about it.

