The United States has two parallel justice systems, with laws, statutes, precedents, rules of evidence, and paths for appeal. Under these justice systems prisoners have certain rights. They have a right to know the evidence against them; they have a right to protect themselves against self-incrimination; they have a right to legal counsel; they have a right to have the witnesses against them cross-examined.
The two parallel justice systems are the Judicial Branch of the US Government, and a slightly streamlined justice system named the UCMJ (Uniform Code of Military Justice) for people under military jurisdiction. People undergoing a military court martial are entitled to the same basic rights as those in the civilian justice system.
The Guantanamo military trials do not operate according to either system of justice. The differences include:
The accused are not allowed access to all the evidence against them.
It may be possible for the commission to consider evidence that was extracted through coercive interrogation techniques before the enactment of the Detainee Treatment Act [3]. However, legally the commission is restricted from considering any evidence extracted by torture, as defined by the Department of Defense.[4]
The Appointing Officer in overall charge of the commissions is sitting in on them. He is authorized to shut down any commission, without warning, and without explanation.
The proceedings may be closed at the discretion of the Presiding Officer, so that secret information may be discussed by the commission.
The accused are not permitted a free choice of attorneys, as they can only use military lawyers or those civilian attorneys eligible for the Secret security clearance.[5]
Because the accused are charged as unlawful combatants, former Secretary of Defense Donald Rumsfeld stated that an acquittal on all charges by the commission is no guarantee of a release. [6] Comparison with the American justice system
The USA has charged ten detainees:
charged on January 20, 2006
Several other detainees may be charged.
captured November 10, 2001
charged August 26, 2004
sentenced March 30, 2007
translated manuals
undertook jihad training
helped defend Kandahar and Konduz during the Invasion of Afghanistan
Osama bin Laden's driver
Served as one of Osama bin Laden's bodyguards
charges dismissed without prejudice June 4, 2007
An Al Qaeda paymaster
Ran an Al Qaeda front company
Osama bin Laden's driver
Served as one of Osama bin Laden's bodyguards
murder
attempted murder
aiding the enemy
conspiracy
charged on November 8, 2005 -
threw a grenade that wounded journalists.
paymaster for an al Qaeda cell
reproduced al Qaeda leaflets
captured together with Abu Zubaydah The accused
Initially the identity of the commission members were to be kept hidden, and the commission was to consist consist of a Presiding Officer (a lawyer), four other officers, and one alternate.
The structure of the commission was radically revised in late 2004. The impartiality of five of the officers was challenged, and two of the officers were removed. All five officers of the commission have an equal vote, the Presiding Officer performs the additional role of administering the trial, much as a judge would in a civil trial.
President of the Commissions for David Hicks, Salim Hamdan
The only lawyer on the commission.
A long time friend of the appointing officer.
Brownback was criticized for not being an active member of a state bar.
Member of the Commissions for David Hicks, Salim Hamdan
Only commission member who was not challenged.
Member of the Commissions for David Hicks, Salim Hamdan
Challenged because he assembled lists of detainees bound for Guantánamo and executed war plans in Afghanistan.
Remains on the commission.
Member of the Commissions for David Hicks, Salim Hamdan
Admitted referring to the Guantánamo detainees as "terrorists".
Admitted being unfamiliar with the Geneva Conventions.
Removed from the commission.
Member of the Commissions for David Hicks, Salim Hamdan
Membership was challenged because he lost a subordinate during the attacks of September 11, 2001.
Remains on the commission.
Member of the Commissions for David Hicks, Salim Hamdan
An intelligence officer who was involved in the capture of suspects in Afghanistan.
Removed from the commission.
President of the Commissions for Binyam Ahmed Muhammad and Ghassan Abdullah Al-Sharbi The commission members
Since the officers forming the tribunal were not lawyers they are provided with a team of military lawyers, who they could call of for advice, and who provided an opinion on their decisions. See particularly Moazzam Begg.
The lawyers2001:
2002:
2003:
2004:
2005:
2006:
2007:
and others
and others
Administrative Review Board
Combatant Status Review Tribunal
Command responsibility
Camp Delta
Camp Echo
Camp Iguana
Camp X-ray
court martial
Geneva Conventions
Guantánamo Bay
Hamdan v. Rumsfeld
Illegal combatant
Jus ad bellum
Jus in bello
Lawfare
Military tribunal
Military law
War on Terror
Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees
Operation Enduring Freedom (October 2001 – current)
- War in Afghanistan (Oct 2001 – current)
OEF - Philippines (January 2002 – current)
Georgia Train and Equip Program (February 2002 – current)
OEF - Horn of Africa (October 2002 – current)
OEF - Trans Sahara (February 2007 – current)
Terrorism in Indonesia
Iraq War (March 19 2003 – current)
Insurgency in Saudi Arabia (May 12 2003 – current)
Waziristan War (March 2004 – current)
South Thailand insurgency (November 7 2004 - current)
Lebanon War (July 12 2006– August 14)
Fatah-Hamas conflict (December 15 2006 – current)
War in Somalia (December 20 2006 – current)
Lebanon-Fatah al-Islam conflict (May 20 2007 - current)
September 11, 2001 attacks
2001 anthrax attacks
Shoe bomb plot (December 22)
Terrorism in Pakistan (February 2002 – current)
1st Bali bombing (October 12)
Casablanca bombings (May 16)
Marriott Hotel bombing (August 5)
Istanbul bombings (November 15 and November 20)
Madrid train bombings (March 11)
Jakarta Australian embassy bombing (September 9)
1st London bombings (July 7)
2nd London bombings (July 21)
2nd Bali bombings (October 1)
Amman bombings (November 9)
Mumbai train bombings (July 11)
Transatlantic aircraft plot (August 9)
Algiers bombings (April 11)
Fort Dix plot and JFK Airport plot (May 7 and June 3)
London car bomb plot and Glasgow Airport attack (June 29 and June 30 respectively)
Lal Masjid siege (July 3 - July 11)
Timeline
Casualties
Theaters
Criticism
Abu Ghraib prison
Axis of Evil
CIA run Black sites
Combatant Status Review Tribunal
Extrajudicial prisoners of the US
Extraordinary rendition
Guantanamo Bay detention camp
Guantanamo military commission
Military Commissions Act of 2006
NSA call database
NSA electronic surveillance program
Unitary executive theory
Unlawful combatant
USA PATRIOT Act
Afghanistan
Northern Alliance
Australia
Canada
Denmark
Ethiopia
France
Germany
Indonesia
ISAF
Iraq (New Iraqi Army)
Italy
Israel
South Korea
NATO
Netherlands
Pakistan
Philippines
Poland
Romania
Saudi Arabia
Spain
Thailand
Turkey
United Kingdom
United States
al-Qaeda
Abu Sayyaf
Iraqi insurgency
Hezbollah
Hamas
Islamic Courts Union
Jemaah Islamiyah
Taliban
Muslim Brotherhood
Pattani Separatists
Jaish-e-Mohammed
Hizbul Mujahideen
Kurdistan Workers Party
Islamic Movement of Uzbekistan
Lashkar-e-Toiba
Lefthit
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