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法官禁止证据反对恐怖主义嫌疑犯在关塔那摩试验

星期二, 2008年7月22日
谈论这个报告在RINF论坛 >

卡罗尔J。 威廉斯 | 一位军事法官由Salim Ahmed Hamdan,一个司机在`高度强制’设置说有些声明为本·拉登,被做了。 它可能规定一个标准为其他案件。

华盛顿-监督第一战争犯罪的军事法官试验反对恐怖主义嫌疑犯在关塔那摩海湾同意星期一禁止一些证据反对本·拉登的前司机,因为它在“高度强制环境和情况里获得了”。

在试验的开幕日,海军上尉。 Keith J。 Allred驳回防御请求排除其他声明Salim Ahmed在审讯期间被做的Hamdan由美国。 代理在阿富汗并且在他的超过六年期间’监禁在关塔那摩海湾,古巴。 法官说他在a 2003年5月审讯会扣压评断,直到防御有时间回顾拘留纪录600页,政府没有移交直到星期天-夜在试验之前。

被认为强制的证据Allred排除在其他战争犯罪案件在的months能规定一个标准为可容许性交付在法庭之前,包括那自称9月。 11策划者。

“正义的兴趣没有通过承认这些声明为服务由于高度强制环境,并且他们被做的情况”, Allred认为声明做的Hamdan,当由美国时举行。 力量在Panjshir和Bagram阿富汗前哨基地。

在他的监禁期间在Bagram, Hamdan被摔打了,被剥夺了睡眠并且据报道是由至少一个嫌疑那么非常被摔打了的其他囚犯和卫兵通知的他死了。

压制强制的证词的Allred的判决能使它难为了其他法庭法官能忽略相似的要求,例如在论点反对交代9月。 面对死刑的11策划者Khalid Shaikh Mohammed和四人。

Mohammed是二个关塔那摩囚犯之一知道是waterboarded,当在CIA监管海外时。 技术,引起淹没的轰动,由许多美国视为同等拷打。 盟友、法定学者和人权提倡者。

Hamdan,在阿富汗的赢得$200每月驾驶本·拉登的也门,在2001年11月被夺取了。 He is charged with conspiracy and material support for terrorism, and faces up to life imprisonment if convicted by the jury — actually, a military commission made up of six senior officers and an alternate.

Allred had been asked by Hamdan’s defense team to suppress numerous statements the defendant made under questioning after his capture near Kandahar, including two videotaped interrogations. The judge said he would allow the videos to be played for the commissioners when testimony gets underway later this week. But he agreed to exclude other statements made before Hamdan’s May 2002 transfer from Afghanistan field prisons to the Guantanamo detention center for terrorism suspects.

Aside from withholding judgment on the May 2003 interrogation pending the defense review, the judge said interrogation results would be allowed into evidence only if the interrogators who conducted the sessions were available for cross-examination. Much of the evidence the government wanted to introduce was drawn from interrogations in which the notes and records of those involved were destroyed.

The tribunal’s chief prosecutor, Army Col. Lawrence Morris, said he hadn’t decided whether to appeal the ruling.

“We need to evaluate . . . to what extent it has an impact on our ability to fully portray his criminality in this case, but also what it might set out for future cases,” Morris told the Associated Press.

Hamdan’s trial is expected to take about three weeks. He has indicated at times that he may boycott the proceedings, and has made conflicting statements as to what degree he will allow his Navy lawyer, Lt. Cmdr. Brian Mizer, to represent him in his absence.

Hamdan testified during pretrial hearings last week that he was subjected to sleep deprivation, solitary confinement and sexual humiliation during interrogations at Guantanamo. Allred largely rejected motions to dismiss statements made during interrogations there, saying the techniques employed by detention officials could be “rationally related to good order and discipline.”

Officers of the Joint Task Force that runs the prison and interrogation network at Guantanamo said Hamdan was deprived of “comfort items” such as personal hygiene products as punishment for violating camp rules.

Hamdan is the first of nearly 800 men brought to Guantanamo over the last 6 1/2 years to face trial in the first U.S.-administered war crimes cases since World War II. About 265 remain at the sprawling compound of maximum-security prisons, open-air cells and a barracks-like facility for a few dozen of the most cooperative prisoners. Most of the others have been repatriated.

War crimes charges have been sworn out against 21 Guantanamo prisoners over the last 18 months. Of those prisoners, 11 have been arraigned. All but two, Hamdan and Canadian Omar Khadr, have indicated they will refuse to attend their trials as a show of contempt for a process they say is inherently stacked against them.

Thirteen potential jurors were brought to Guantanamo over the weekend. During questioning, several indicated that they carried emotional scars from the Sept. 11 attacks, which killed or endangered friends and colleagues. The Pentagon was one of the targets.

The six jurors and one alternate were sworn in Monday. At least two potential jurors appeared to have been excluded because of their raw feelings associated with Sept. 11.



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Have Your Say: Judge Bars Evidence Against Terrorism Suspect at Guantanamo Trial

One Response to “Judge Bars Evidence Against Terrorism Suspect at Guantanamo Trial”

  1. Muslims Against Sharia
    Posted: Jul 23rd, 2008 at 1:04 am

    Hypocrisy of the “Repatriate Omar Khadr to Canada” Movement

    As soon as the Gitmo interrogation tape of Omar Khadr hit the Internet, the blogosphere was flooded with demands to repatriate him to Canada. This wave is reminiscent of a Soviet campaign to free Luis Corvalán from the “fascist regime” of Augusto Pinochet thirty five years ago. The scenario is strikingly similar. A “victim” held by “fascist regimes” this time run by Bush and Harper, and a public outcry for justice. Except for the fact that Luis Corvalán didn’t kill anyone and didn’t fight for a terrorist group that wants to impose Sharia.

    The “repatriate Khadr” crowd describes him as “a child”, “a kid”, “a boy”, and even “a torture victim”, with no facts to substantiate the torture claims notwithstanding. They complain about Khadr being mistreated, again, without anything to back up their claims. Some of them are outraged about “child abuse.” And they all scream for justice.

    They want justice? OK, let’s talk about JUSTICE. What about justice for Sgt. First Class Christopher J. Speer, who was (according to an eyewitness) murdered by this “child”? What about justice for Tabitha Speer, who is a widow because of this “kid”? What about justice for Taryn and Tanner Speer, who are left without a father by this “a boy”? And what about all those Afghani civilians and NATO troops who are a little bit safer because this “torture victim” is behind bars? How many of these “repatriate Khadr” hypocrites concern themselves with justice for real victims? In literally hundreds of posts, we couldn’t find a single one.

    One would ask, what is the reason for this idiocy? The answer is simple. Ignorance. Complete and utter ignorance. Let’s forget for a second that Omar Khadr killed Christopher Speer. Let’s forget that Khadr’s father was an al Qaeda financier. Let’s forget that Khadr’s family is known for it being al Qaeda sympathizers. Let’s just remember what this “child” was fighting for in Afghanistan.

    This is what Taliban-imposed Sharia looks like in real life: http://muslimsagainstsharia.blogspot.com/2000/07/hypocrisy-of-repatriate-omar-khadr-to.html

    Why don’t all of you, bleeding heart demagogues go to Afghanistan and spend a day in a Taliban-controlled territory? And let’s talk about Khadr when you get back. If you get back.

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