have fallen off the radar. Too much misery...
Guantánamo Bay - a human rights scandal
It is now over five years since the first detainees were transferred to the detention camp at the US Naval Base in Guantánamo Bay, Cuba
Despite widespread international condemnation, hundreds of people of more than 30 nationalities are still there: without charge, and with little hope of obtaining a fair trial.
http://web.amnesty.org/pages/guantanamobay-index-enUSA: David Hicks pleads guilty on one count. AI observer attends arraignment at Guantánamo
27 March 2007 AI Index: AMR 51/052/2007
At a hearing in Guantánamo on 26 March 2007, in his sixth year of detention and at the start of the US administration’s second attempt in the last three years to try him before a military commission, Australian national David Hicks pleaded guilty to one specification under the charge of "providing material support for terrorism".
This plea was made after years of indefinite detention, isolation and allegations of torture and ill-treatment, and after a day in which Hicks’ legal representation was reduced by the military judge overseeing the commission. After the plea, proceedings were adjourned and were expected to be reconvened later in the week after the details of the plea had been worked out.
David Hicks was one of 10 detainees to be charged under military commissions established under President George W. Bush’s Military Order of 13 November 2001. Those proceedings were halted in November 2004 by a US District Court judge, and ruled unlawful by the US Supreme Court in Hamdan v. Rumsfeld in late June 2006. In early March 2007, David Hicks was the first person to be charged under the Military Commissions Act, legislation signed into law by President Bush on 17 October 2006 in response to the Hamdan ruling.
On 26 March 2007, David Hicks was arraigned on charges that he had never previously faced, in a system whose rules were issued two months ago. He came into the commission room in tan prison uniform and flip-flops with his hair hanging half way down his back. At his table was Major Dan Mori, his military defense counsel, Joshua Dratel, his civilian defense counsel, and Rebecca Snyder, his assistant military defense counsel.
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The military judge questioned David Hicks as to whether his plea had been influenced by the removal of two of his three attorneys earlier in the day. Hicks replied that it had not. However, after more than five years of virtually incommunicado military detention, and facing unfair trial procedures, serious questions must be asked about whether such a guilty plea can have been a purely volitional act.
The maximum penalty that David Hicks faces is life imprisonment, but the prosecution has said that it does not intend to argue for a life sentence. Under the terms of a reported arrangement, Hicks would serve any prison sentence in Australia. The guilty plea thus begins a process which will end in his return to his home country, some predict before the end of the year. In this regard, what transpired yesterday can also be seen as part of an exit strategy from a source of diplomatic tension rather than of judicial proceedings at which justice would either be done or be seen to be done.
For further information, see USA: Justice delayed and justice denied? Trials under the Military Commissions Act, AI Index: AMR 51/044/2007, March 2007,
http://web.amnesty.org/library/Index/ENGAMR510522007