Prisoners' attorneys frustrated by Guantanamo court

  • 12 years ago
ROUGH CUT - NO REPORTER NARRATION

Defense attorneys working for the five Guantanamo prisoners accused of plotting the September 11 attacks said Sunday (May 6) the U.S. military court process setup to hear the case was unfair, and prohibited them from asking certain questions of their clients that could help in their legal defense.

"Well, there are certain areas that are off limits for us, including questions about their confinement and questions about things that have happened to them in the past, and until there are some changes in the rules that we operate under, we have severe constraints in exploring those issues, and they bear significantly on this case, and the issues that ultimately will be litigated," James Harrington, defense attorney for Ramzi bin al Shibh told reporters at a news conference.

U.S. Navy Commander Walter Ruiz, a defense attorney assigned to defend Mustafa al Hawasawi said Saturday's arraignment didn't deliver what he hoped.

"One of you asked, 'How did you feel about the proceedings yesterday? How do you think they went?' I think they went terrible. The reason I tell you that is because we had some measure of hope. And that measure of hope was that this court, that this judge, with the issues that we put before him - legal, factual issues based on Congressionally mandated rules, would be heard. And they were not, because it was all about process. It was not about quality," Ruiz said.

U.S. Army Brigadier General Mark Martins, the lead prosecutor in the case, told reporters he was confident the legal process would be fair and result in justice.

"For those who lost family or friends on September the 11th, or were injured in the attacks, no words are adequate for this moment, but know that however long the journey, and this arraignment is only the start of a legal process that could take many months, the United States is committed to accountability under law for those who have plotted to attack our nation, and to kill innocent people. I am confident that the military commission that was convened here yesterday to try the charges referred to it will answer the call with fairness and with justice," Martins said.

He also questioned defense attorney assertions over the extent to which they are prohibited to talking to their clients.

"They can talk to their client about anything. When they use information and spread it around, and disclose it, we're going to protect it if it has sources and methods. We're not going to protect things just because they are embarrassing, or they are showing something illegal."

Edward Bracken flew from New York to attend the legal proceedings at the U.S. military base in Cuba. His sister was killed in the 9/11 attacks. It was

The judge in the case, Army Colonel James Pohl, said it would be at least a year before the trial will start.

The Islamist militants are accused of conspiring with Osama bin Laden, murder in violation of the laws of war, hijacking, terrorism and other charges stemming from the 2001 attacks that propelled the United States into a deadly, costly and ongoing global war against al Qaeda and its supporters.

Two-thousand nine-hundred seventy-six people were killed when four hijacked passenger jets slammed into New York's twin towers of the World Trade Center, the Pentagon and a Pennsylvania field on September 11, 2001.

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