Word: guantanamo
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Mohammed al-Qahtani, reputedly one of the most dangerous prisoners held at Guantanamo and one of six to who might have faced the death penalty for alleged participation in the 9/11 plot, has just had charges against him dropped by the top legal authority at the base. The charges were dismissed without formal explanation by so-called Convening Authority Susan J. Crawford - who has complete discretion over the specific charges Guantanamo inmates would face at trial. Brig. Gen. Tom Hartmann, the Authority's senior legal advisor, told TIME that the dismissal offered evidence of the "strength of the system...
...charges were dismissed without prejudice, meaning that a prosecutor could reinstate them at any time. But few observers expect that to happen, largely because Qahtani underwent protracted torture and the threat of torture during his interrogation at Guantanamo, a process that tainted his confessions as well as the evidence he gave against other prisoners...
...surprising decision to drop charges against Qahtani is the latest setback for a military justice system at Guantanamo that appears to be in growing disarray. After holding prisoners for years without trial, the Bush Administration has made clear it wants to put captives in the dock, specifically six high-value prisoners that included Qahtani as well as alleged 9/11 mastermind Khalid Sheik Mohammed. All told, five cases at Guantanamo are awaiting trial, with the first, that of Osama bin Laden's driver, scheduled to begin June...
...proceedings could well be further complicated by an impending U.S. Supreme Court decision: Boumedienne v Bush. The case deals with the question whether alleged terrorist Lakmar Boumedienne, also held at Guantananmo, possesses legal rights afforded by the U.S. Constitution. If the Supreme Court decides in Boumedienne's favor, other Guantanamo defendants could gain similar rights, invalidating rules currently in force at the military tribunals...
...next year, well after President Bush has left office. Such contentiousness is not unusual in high-stakes cases, particularly those involving the death penalty, but this time the defendants have even more reason to delay. All three candidates vying for the White House have already called for shutting down Guantanamo. If that were to happen, some or all of the trials might have to be transferred to the U.S. mainland, and possibly even to federal courts, where the defendants would enjoy broader legal rights...