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Obama revives Gitmo trials
Published in The Saudi Gazette on 16 - 05 - 2009

US President Barack Obama on Friday revived the system of military trials for foreign terrorism suspects at Guantanamo, angering supporters who said he had broken a promise to end the controversial tribunals set up by the Bush administration.
The Democratic president said the commissions would be restarted as an option for trying prisoners at the US military base in Cuba after undergoing several rule changes, including barring statements made under harsh interrogation and making it more difficult to use hearsay evidence.
“These reforms will begin to restore the commissions as a legitimate forum for prosecution, while bringing them in line with the rule of law,” said Obama, who opposed the law that created the tribunals during the administration of his Republican predecessor, President George W. Bush.
“He (the president) is determined to reform the military commissions as an available form, along with the federal courts, for prosecution of detainees at Guantanamo,” Pentagon spokesman Bryan Whitman told reporters.
Republicans welcomed the move. Senate Republican leader Mitch McConnell called it an “encouraging development.” Obama's presidential rival John McCain said it was a step toward a comprehensive detainee policy that “accords with our values and protects our national security.”
Rights groups, which have been long been critical of Washington's treatment of foreign terrorism suspects and the use of the detention center at Guantanamo Bay, condemned the decision. “By resurrecting this failed Bush administration idea, President Obama is backtracking dangerously on his reform agenda,” said Kenneth Roth, head of Human Rights Watch.
Amnesty International accused Obama of breaking a major campaign promise. “These military commissions are inherently illegitimate, unconstitutional and incapable of delivering outcomes that we can trust. Tweaking the rules of these failed tribunals so that they provide ‘more due process' is absurd,” said Anthony Romero of the American Civil Liberties Union.
The decision was the second in less than a week to anger Obama's liberal supporters. Earlier this week, he reversed a previous decision and announced he would seek to prevent the release of photographs showing alleged abuse of prisoners, saying the images could endanger US troops abroad.
White House spokesman Robert Gibbs defended the decisions. “Look, first and foremost the president of the United States is going to do what he believes is in the best security interests of the people of the United States,” he said.
Gibbs said the decision to proceed with military commissions would not block the closure of the camp, but the administration was working to determine where the tribunals could be held once Guantanamo closes. He also indicated some prisoners would be shifted to the US court system.
Among those facing trial at Guantanamo are self-described Sept. 11 mastermind Khalid Sheikh Mohammed and four co-defendants who could be executed if convicted of nearly 3,000 murder charges stemming from the plane attacks.
When he took office in January, Obama ordered a four-month freeze on Guantanamo court proceedings to give him time to decide whether to move the prosecutions into the regular US civilian or military courts or keep the special tribunals. The freeze order had been seen as a death knell for the Guantanamo war crimes court, which has completed only two full trials since the detention camp opened.
The administration asked Friday for a delay in the court proceedings to allow time for the new rules to take effect. The rule changes must be shown to Congress 60 days before they go into force.
Whitman said the rule changes included:
• A ban on using statements obtained during cruel or inhumane interrogation
• A rule making it more difficult to use hearsay evidence
• Greater latitude for the accused to choose a defense counsel
• More protections for a defendant who refuses to testify.
US authorities on Friday also released a Guantanamo Bay detainee who was part of a landmark Supreme Court case that granted inmates at the US military prison the legal right to challenge their confinement, officials said. The detainee, Algerian national Lakhdar Boumediene, was released from custody and flown from the US Navy base to waiting relatives in France, said officials.


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