Controversy still plagues Guantanamo's Military Commissions

[laststeamtrain]

Controversy still plagues Guantanamo's Military Commissions
Andy Worthington

One month ago, when the jury in the first US war crimes trial since the Second World War found Salim Hamdan guilty of providing material support for terrorism, but not guilty of conspiracy, the US administration regarded it as a victory, even though numerous commentators -- myself included -- remained profoundly critical of the entire process.

Moreover, the "victory" touted by the administration was undermined by the brevity of the sentence handed down: just five and half years, as opposed to the 30-year sentence sought by the prosecution. Allowing for time served since he was first charged, this left Hamdan just five months to serve, but the administration was revealed in its true colors when Pentagon spokesman Bryan Whitman explained that "it has always been the Defense Department's position that detainees could be held as enemy combatants even after acquittal at military commissions or after serving a prison sentence."

Another insignificant Afghan charged

Lost in the coverage of Hamdan's trial, which dominated media reports about Guantánamo at the end of July and the start of August, was the fact that a twenty-third prisoner, an Afghan named Abdul Ghani, had been put forward for trial by Military Commission on July 28.

It was alleged that the 36-year old, who was charged (PDF) with conspiracy, providing material support for terrorism, and attempted murder in violation of the rules of war, had "fired rockets at US forces and bases," had transported and helped plant "land mines and other explosive devices on more than one occasion for use against US and coalition forces," had "participated in an attack on Afghan soldiers with small arms fire, in which one Afghan soldier was wounded," and had "accepted monetary payments, including payment from al-Qaeda and others known and unknown, to commit attacks on US forces and bases."

Apart from the inclusion of the magic words "al-Qaeda," there was nothing in Abdul Ghani's charge sheet to indicate that he should find himself in the same trial system as those accused of involvement in the 9/11 attacks, the African embassy bombings of 1998 or the bombing of the USS Cole in 2000, or even, in fact, that he should have been sent to Guantánamo at all.

<more>

http://www.huffingtonpost.com/andy-worthington/controversy-still-plagues_b_125268.html