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Hartmann insists justice will be served at Guantánamo. "I will stand by my goal to make these cases fair, transparent and just," he tells NEWSWEEK. And he disputes each of Davis's points: "I never said 'blood on their hands.' Those are the words that were used by the prosecutors, not by me." Though he says he favors open trials, Hartmann says people must expect that some secret evidence will be used in the Gitmo courts. "If you [wait to] declassify every piece of evidence that's going to be used in these cases," he says, "you might never have a case." Hartmann refuses to explain the decision to cancel the indictment against Qahtani, but says the Saudi could be charged again down the road. (Davis says separating Qahtani from the trial of the other five conspirators in the 9/11 attacks—who allege they were tortured by the CIA—might help the prosecution avoid the "cumulative impact of too much bad-treatment evidence." A CIA spokesman says, "The CIA neither conducts nor condones torture.")

Astonishing as it may seem, in nearly seven years since the 9/11 attacks only one Guantánamo detainee—Australian David Hicks—has been convicted, and only after a plea bargain in which he accepted a nine-month sentence. Davis believes if none of the September 11 conspirators are put on trial by November, the military-commissions process is dead. "All three presidential candidates want to close Guantánamo," he says. "A trial in progress is the only thing that might prevent it." Historians and legal experts will be assessing what went wrong for years to come. Davis has his own explanation: "I think if you combine excessive arrogance and excessive ignorance, you wind up 78 months later where we are in this process." You wind up nowhere good.

With Daniel Stone

© 2008

 
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Member Comments
  • Posted By: observer101 @ 05/28/2008 12:36:43 PM

    Comment: "YOU! pose with soldier, or you will be shot! Do as you told! do not think, only do as told!"...Its a sad day to know that Communists still take a disater and turn it into a photo op. To make the world believe they ALWAYS cared for there ppl...It only shows that alot of these ppl were as poor as poor gets, with no help from the awesome powerful regime. They only show there 'COMPASSION" at a time of need...Rest assured, there will be plenty more photo ops of soldiers helping...Helping to keep ppls mouths shut about what really happens to them when the are against the old, outdated, always failed communist ways.

  • Posted By: observer101 @ 05/28/2008 11:19:11 AM

    Comment: Sultan: Apparently you are leaving out the true injustices provided by the insurgents{ murderous terrorists} that take hostages around the world. U.S. pows are treated far more humanely than any prisoner of the taliban or other extremist group. Incarceration w/ an orange suit on and food and water every day beats a blindfold, duct tape and numerous beatings everyday just for being American or against extremism. Being kidknapped, raped , starved, paraded around on t.v. and possibly executed by various ways isnt a rational persons idea of justice or fairness to a prisoner, just crazy desperate actions of a losing, unorganized bunch of thugs in need of money or notoriety. Criticizing the U.S. policy of this "war" comes easy to other nations, but they should look at there own "atrocities" and handling of POWs before judging how truly easy Gitmo detainies have it compared to other nations or groups handling of POWs. Perhaps you should recall the recent tales of ppl being injected with gasoline by "militias" or pregnant women being raped the having there unborn child taken from them and killed, by the proud "militias" defending there country from the evil occupiers of the west. And the ppl being tortured are not even prisoners of war, just locals that the wayward, cowardly, roaming thieves encounter as they run from town to town to get away from U.S. and Iraqi forces...Its crazy how you seem to want to criticize the U.S policy of POW detainees, but not the tactics of the teen thugs and paint huffers that want to call themselves "warriors".

  • Posted By: Sultan Ahmed @ 05/27/2008 8:44:02 AM

    Comment: Commission of crime,
    trial,
    justice,
    sentence or aquittal,
    crime stories can not cross the ring of words as abovementioned,


    Record available in such matters is witness,innocent people were arrested ,kept in those jails made at the unknown corner of the world.

    They were tried,chances were not provided them to defend the prosecution allegations levelled against them that is essential subject of lawbut they faced deprivation convicted and sentenced,it is unjuctice,


    Large number of people ,fortunately aquitted from the charge and released from cuantanamo jailes told unbelieveable stories attached with administration of justice there.

    Now we are talking about millitary commission system after a lot of time should think before.

    Millitary can fight that is its profession,
    attacke on enemy with war tecnique,
    conquered the land,
    and supervise law and order situation because they are men of order issued by the high command.they can do justice ,no impossible.


    eyewitness in the criminal case is indispensable but they overlooked,
    circumstancial evedence is also integral part of criminal case in which deathe setence can be awarded ,they give no importance.
    Documentery evidence which support the crime committed by the accused is also part of case.

    But what did the millitary commission in cuantanamo ?it will remained a sign of interogation for justice loving community of the world.

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