No Justice Can Come From Guantánamo Military Commissions

According to news reports, the Obama administration will decide by November 16 whether or not to move the cases of the 9/11 defendants from the Guantánamo military commissions system to U.S. federal courts. It should make this important move and put an end to a shameful era in American history.

I am the mother of Mohammad Salman Hamdani, an NYPD Cadet who died in WTC Tower II, and I am one of the few Americans who have travelled to Guantánamo to observe the proceedings there. At the 9/11 defendants' hearing last month, I witnessed for myself the mess that is Guantánamo "justice." I, and many other 9/11 family members, believe that the only way we can see real justice is to transfer these cases to federal courts and abandon the broken system that has come to symbolize the grave missteps of the last administration.

The military commissions system, even with recently proposed modifications, still falls short of the legal standards that make our criminal justice system capable of delivering reliable justice. Abandoning this system is an abandonment of our values of fairness and justice that so many who died on 9/11 stood for, and that have been the foundation of our democracy for over 200 years. The commissions, which will continue to be tainted by the dark legacy of Guantánamo, will always be doubted and cannot achieve the justice that 9/11 family members and all Americans deserve. Any verdict borne of these proceedings will lack an air of legitimacy and leave us wondering if true justice has been served -- not bring comfort or closure.

On the other hand, we know that U.S. federal courts can handle terrorism cases while upholding the rule of law and protecting our values. The Guantánamo military commissions have produced only three terrorism-related convictions in seven years, while our federal courts have successfully prosecuted dozens of terrorism suspects -- including "Blind Sheik" Omar Abdel-Rahman, 9/11 conspirator Zacaraias Moussoui and "Shoe Bomber" Richard Reid. There is no reason these same courts couldn't securely manage the Guantánamo terrorism cases.

Moving these trials to our federal courts would also allow us to achieve American justice on American soil, and would make it much easier for people like me to attend. Having that opportunity is very important to many 9/11 family members.

Some people have expressed concern that moving the trials to federal courts would delay the prosecutions for several years. But keeping them at Guantánamo would only lead to further legal challenges and interruptions due to the ad hoc nature of the system there and its troubled history. Even if the military commissions WERE able to proceed at a faster pace than they have so far, trading justice for expediency is not the American way

President Obama's pledge to close Guantánamo was encouraging. Along with that should come the end of the commission system that goes with it. The time for justice in these cases has arrived.

Comments

[vascopyjama]

Guantanamo was never about justice. It was all about Bush and Cheney trying to look tough in front of their Neoconservative friends. The amount of damage this has done in the eyes of the international community is immense. We need to admit that most of the political prisoners at Guantanamo we picked up to fill quotas for bounty hunters. Imagine what would have happened if they were all US citizens.

[GreatNews27]

Americans are not interested in justice, only punishment. As long as someone is punished, we don't care. We love punishment soooooo much that we execute innocent people just to watch them die. Why do you think we start wars for no reason? So that we may watch people die from a safe distance. It's kind of a snuff culture thing. Americans are not at peace if we are not at war. After all, war is profitable and helps fill up the 24 hours news cycle. The NYT is pumping up the war fever for Affanistan right now. Nothing sells papers better than war. So all good Americans have to urge Obama to escalate in Afganistan. War profits will help us in our war on peace effort. After all, if we don't wage war, who will?

[deezus]

Speak for yourself.

[lightningbolt]

The Military Commissions Act is one of the worst and most unpatriotic pieces of legislation ever written. It effectively destroys the Constitution. It should be repealed immediately.

[Truthahn]

It won't happen. Barack Obama, Mr. Nobel Peace Prize himself, has already declared that Military Commissions will be an important component of his "justice" system for foreign detainees. Congress is happily going along with the Obama plan. I seem to remember Democrats saying all sorts of nasty things about Military Commissions until last November.

[almau]

I also attended the trials at Gitmo. What I viewed was 5 detainees who proudly declared their guilt and stated in court that if given the opportunity they would do it again. I also saw very professional behavior from all the military. Americans have betrayed them. They feel that. We have given the terrorists more rights than we would any American who is imprisioned. Chairs cushions not comfortable? The US gets more comfortable chairs. We sat in chairs that were not as comfortable. What is wrong with us?The world is laughing at us! We are bending over backwards to make sure we are fair and just. WE ARE! The terrorists have used our system to the max. They should be tried at Gitmo. The president will be responsible for another attack if these terrorists come to our soil. President Obama should visit Guantanamo Bay and see for himself. He has not! Shame on him for making judgements against our military who have stood up and are fighting for all of us. Which one of you would stand up? Not many from your comments. My son Christopher died trying to rescue others. He was 23 and was a FF. I will not let his death be in vain.