The shadow of dictatorship

Process start against "driver" Laden from Osama Bin. US judge gives green light for Guantanamo Tribunale. Unlimited imprisonment without charges for enemy struggle according to the US Court of Appeal "right"

The youngest decisions of the US courts in the traps Salim Hamdan, the alleged "driver" of Osama Bin Laden, and the Ali Saleh Kahlah Al-Marri was classified as "enemy camphor" were allowed to have taken care of the house for cheering atmosphere. Give the Bush Government but grunes light to the alleged responsible for the connection of the 11. September — among them the Khaled Sheikh Mohammed built on the "Mastermind" abandoned by so-called military commissions.

High security hospital in Guantanamo. Image: Google Maps

When the Supreme Court last month decided that Guantanamo adhesives in front of US federal courts complain, many saw the system established by the Bush Government of military commissions for the abortion of so-called enemy camphor almost at the end. Leading representative representatives of the US government, including Prasident Bush themselves, over this legal jerking although destroyed, but no doubt will love to hold on to the schedule for military tribunals as planned.

Judge James Robertson From the Washington District Court, Washington rejected a motion of Osama’s former "driver" Bin Laden, Salim Hamdan to postpone the beginning of the procedure by interim injunction. Hamdan’s defender refer to the embeffective as well as on obvious procedural errors in the upcoming militar processes.

Previously, the chairman of the Militartribunale, the Capitan of Navy, Keith Allred, had dismissed a similar request for post-adult adjournment

Robertson took the view after a minister of the defendant of the defendant as well as representatives of the Ministry of Justice, the militar processes corresponded to the specifications of the US Congress and the Supreme Court. Judge Robertson himself was that in 2004 that the militar tribunals in their form represented by US Prassident Bush 2002 were legally unbearable (non-legal rooms are illegal). This collision closed the Supreme Court, which as an appeal instance as part of an adhesion claim Hamdans on 29. June 2006 decided that the military commissions of American military law and the Geneva conventions were injured and the US prasident has exceeded its state-of-the-art in its establishment (symbolic policy and case law). Among other things, the judges make a rough discretion of the court to keep parts of the prosecution secret, to allow defendants from the proceedings or to allow forced and forcibly forced statements.

In response, the US Congress adopted the Military Commission Act (MCA) in the autumn of 2006, which seemed to take account of the concerns of the highest US court (Congress legitimizes the injustice of bushed injustice). In fact, the MCA, for example, — for example, — further the use of evidence obtained by torture rejoicing, secret evidence and evidence of the horenges, and denies the defendant to review its adhesion and detention conditions by a decent court. With the reference to this law Robertson now established his current decision. According to Hamdan, after completion of his military court proceedings, Konne Konne Konne.

Although Robertson hurried to add his decision to his decision only in the case of Hamdan and is not binding for the other pending procedures against Guantanamo prisoners, they come to signal effect. If Robertson had granted the lawsuit of Hamdans, he had created a prompt invasion for all other extrajudes US prisoners to bring their militar processes by means of the action before civilian courts for months, if not years to have a few cases.

The 37-year-old father of two daughter, whose family lives in Yemen, is accused of conspiracy and support of terrorism. The Militar State Platform will help him to have helped Bin Laden during submermer in 1998 and 2001 Al-Qaeda-Fuhrer Bin Laden — after the attacks on the US embassies in Kenya and Tanzania and just before the attacks of the 11. September 2001. Hamdan is to be transported to Al-Qaeda weapons and have provided courier services; In addition, he had been one of the bodywork bin shops and discovered his tarpaulin for mass murder. According to the defense, however, Hamdan was only a simple member of a fleet and automotive mechanic, who used the monthly salary of $ 200 to the dispute of his livelihood. Hamdan has been held in Guantanamo for six years. In the case of his conviction, the Yemenite threatens a lifelong prison sentence.

The indictment has videos of statements of the defendant who are classified as secret and the defense will be. Hamdan should be seen in black clothes and still with beard; Behind him is a masked with a weapon. Presumably, it is on video recorded vergations by US coatings. The defense also wants to focus on the question, which is why it gives a chain of almost four weeks in the prisoner file for December 2001. In the time, it is called from the circles of the indictment, Hamdan troops wanted to places in Afghanistan, which were important for Al Qaeda infrastructure.

"Not guilty"

In the process of the Yemeni, who started on Monday and is expected to last three to four weeks, is the US first war criminal process since the Second World War. About his defender Hamdan the pre-rejection of the charge and pladished not guilty. The "jury", which is judged by Hamdan, consists of FRUF to 13 officers, which must be made in the "Military Commission Act" (MCA) with a two-thirds majority to a guilty. For a punishment of more than ten years, a three-quarter majority of the jurors is required.

Salim Hamdan is the first of around 80 interned who should answer for a tribunal. His procedure is considered the test case for the upcoming military tribunals against the alleged cyclists of the 11. September 2001. As part of an appeal before the actual procedure, Hamdan had stated in the past Tuesday before the Militar Court in the specially established "Camp Justice" in Guantanamo on maltreatment during his detention. U. a. It is systematically prevented from sleeping, beaten, held in insulation and has been promised by a woman by a woman’s auguity. Dr. Emily Keram, a psychiatrist of defense, spoke of hedged methods from the Vietnam war and explained the court, Hamdan wise symptoms of post-traumatic stress dissection and depression.

"Operation Sandman"

Hamdan’s lawyers had previously been communicated, the indictment informed you only now that your client of 11. July 2003 was exposed to a so-called "Operation Sandman" for 50 days. The "Operation Sandman" is described as a bias plan that was considered by militar psychiators to systematically interrupt the sleep of a prisoner. "Sleeping about this kind of 50 days were torture," said Joseph M. McMillan, one of Hamdan’s law.

Also the young Canadian Omar Khadr, which has been detained for six years in Guantanamo, was simplified for weeks systematically of sleep to a statement. The Canadian Dome Ministry was already informed in 2004 from this procedure in the tested camp. This comes out of documents present the Khadr’s lawyer Dennis Edney.

In the three weeks before the visit of a Canadian government representative in Guantanamo, the then 17-year Omar Khadn had never been a lot more than three hours in one place, it is called in a report from the Canadian Foreign Office, which due to a judicial arrangement in June the lawyer Khadrs had to be given. "In three-hour-handed, he was brought to another cell block, making him a uninterrupted sleep possible," says it further. The method described in the intelligence level as "Frequent Flyer" is considered a particularly effective technique of "soft knock" of prisoners.

Last week only Khadr’s defense had made a video public, on which to see how the visibly desperate young people of the Canadian intelligence service in the prison camp Guantanamo is questioned on Cuba (Total Has Boy). In the survey, Khadr U reports.a., He had been tortured in US Air Force Point of Bagram in Afghanistan. The Canadian, which is accused of having a US soldier with a hand-grieved to have been killed in a fire battle in Afghanistan, should also be responsible for a military commission after the will of the US government in the fall of this year.

Unlimited detention of "enemy struggle" "rights"

Also last Tuesday, a US Appeal Court ("Fourth Circuit Court of Appeals") in a 5: 4 decision of the US government has awarded the law, which was classified as "enemy camphor" Katarian Stateburger Ali Saleh Kahlah al-Marri without charge or legal proceedings on unlimited time. The majority of the judges associated with their decision concluded the verdict of one of three judges of the same court of last year.

Al-Marri, owned by a legal student visas for the USA, was arrested in December 2001 in his apartment in Peoria, Illinois,. Al-Marri was arrested as a witness and subsequently charged with a civil court of various crimes, including credit card fraud and false information against the Federal Police FBI as part of the investigation to the 11. September should have been proved to him at that time.

He demonstrated all these accusations vehemently and properly prepared — in June 2003 on his criminal review, which was scheduled for the following month. The suspicion, he is a friendly to sleeper cells of the terrorist organization Al Qaeda could never be refrained. But sudden — one month before the beginning of his method — explained him George W. Bush to the "enemy camphor" and pointed out the US militar to take it to the civilian agencies and overfore them in militar custody. Since then, the man from Qatar has been in custody in a military entertainment in Charleston, South Carolina, in solitary. To date, no charge was placed against him and he was not a real opportunity to prove his innocence in court. Any contact with the ale world with exceptions to his lawsold is denied him.

Al-Marri is the last "enemy camphor", which is held in military without charges in the USA. Auber Al-Marri, who was legally in the US and lived, had also had two US-Prasident Bush US Burgers explained to enemy struggle and taken in military: Yasser Esam Hamdi (arrested in Afghanistan, in October 2004 after Saudi Arabia deported) and Jose Padilla (arrested on 8. May 2002 at the O’Hare International Airport, found in August 2007 by a US jury court in three points of terrorist offenses for guilty and sentenced to a penalty of 17 years in January 2008)

Already in September 2005, a three-judge body of the same Court had decided in the case of Padilla, the Prasident actually has the authority to lock US burger in American land and ground and leave them away without indefinite time without charge. The Supreme Court of the USA refused to review this decision of the Court of Appeal. The US government managed to avoid such a review only because it is illegally accused Padilla after three and a half years of illegal imprisonment of a crime. Fatal way there has the decision of the "Fourth Circuit Court of Appeals" from September 2005 in the case of Padilla until today!

Citing the indictment against Padilla, after which this served in Afghanistan "as an armed wake, which made it to a pest of Taliban after his own understanding," the court conducted in his Padilla decision of September 2005: "The prasident is through the AUMF (Authorization for Use of Military Force Against Terrorist) authorized to take Padilla caught as a fundamental attachment of war. The court dismissed Padilla’s action that he — as a US burger, which was "captured" on the United States floor — the American emphasis is accused of a crime and to be accepted by a civil court. According to the Padilla decision, the Prasident has made the power to keep even US burger for unlimited time in a military entertainment as soon as he only raises her, she had his "enemy camphor" who "raised the weapons against the US".

What makes the decision as follows, the fact that — unlike in the traps Hamdi and Padilla — the Bush government did not claim that Al-Marri on the part of the Taliban has ruled against the US coatings, not even, that he had been at all in Afghanistan. He is just a civilian who accuses the prasident to be involved in a terrorist conspiracy.

The majority decision wrote by Richter William Traxler drivers that the US penalty "to all persons arrested by the Government the right to be charged and accepted in a criminal proceedings." And that they "prohibits the US government in the USA Arrested individuals to take in military auer In certain closely limited falls ". Such an exception is before when an individual "has been explained to the enemy camphor’s legal authority of the Prasident to the enemy camphor":

Such persons may be charged or criminal proceedings "For the duration of relevant hostilities" [D. H. for unlimited time, not only for years, but probably for decades — Anm. A .B.].

This applies, so Traxler continues, not only for foreigners, but also even for State Burgers of the USA. In other words, the US prasident must only sign a paper, and everyone, whether foreign or US burger, can be thrown into a military gospel and not held without charge or right to a process for unlimited time. Even if he never stated on a battlefield or on the side of an enemy power against the USA. The Blob’s accusation of "terrorism" and the classification as a "enemy camphor" through the US prasident to justify his unlimited imperfection and refusal of fundamental prestigious rights, according to the US emergence,

Also with 5: 4 majority (where judge Traxler changed the pages), the same court judged that — in accordance with the Hamdi judgment of the Supreme Court — also so-called enemy camphor minimal, indefinite rights to a decent procedure to have their classification as Fighting "Enemy Camphor" (the Bush Administration had generally denied Hamdi these rights). The court realized that Al-Marri, though he has been sitting in the prison for almost seven years, have so far even denied these minimal rights. Thus, the court Al-Marri spoke the same rights to a minimal proceedings, which the Supreme Court concluded in the Hamdi judgment both US burgers, which were detained as "enemy camphor" as well as struggles in the war on foreign ground to be captured by US troupe, and he has also granted internal non-civilians in the BouMediene verdict for Guantanamo.

This magnetic constitant can not exchange that the al-Marri with this decision lies far below the legal standards, which guarantees US-emissions to persons arrested within the USA. The fundamental rights against state detention can thus be effectively circumvented by simply declaring them as "enemy camphor".

With his decision, the right majority of the "Fourth Circuit Court of Appeals" was subjectless to the Bush Government after the 11. September 2001 Represented segregation, the Authorization to Use Military Force (AUMF) adopted by the Congress in 2002 (AUMF) to accomplish the prasidents to such locks. In addition, the privally untenable position of the Bush administration, the Prasident as Commander-in-Chief in War Time has comprehensive powers. Accelerator itself the right to arrange torture (which should not be torture). If the current decision of the court existed, this was the end of each form of the rule of law in the United States mean.

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