You are herecontent / Guantanamo Military Lawyer Breaks Ranks to Condemn "Unconscionable" Detention

Guantanamo Military Lawyer Breaks Ranks to Condemn "Unconscionable" Detention

By Leonard Doyle, Independent UK

An American military lawyer and veteran of dozens of secret Guantanamo tribunals has made a devastating attack on the legal process for determining whether Guantanamo prisoners are "enemy combatants".

The whistleblower, an army major inside the military court system which the United States has established at Guantanamo Bay, has described the detention of one prisoner, a hospital administrator from Sudan, as "unconscionable".

His critique will be the centrepiece of a hearing on 5 December before the US Supreme Court when another attempt is made to shut the prison down. So nervous is the Bush administration of the latest attack - and another Supreme Court ruling against it - that it is preparing a whole new system of military courts to deal with those still imprisoned.

The whistleblower's testimony is the most serious attack to date on the military panels, which were meant to give a fig- leaf of legitimacy to the interrogation and detention policies at Naval Base at Guantanamo Bay. The major has taken part in 49 status review panels.

"It's a kangaroo court system and completely corrupt," said Michael Ratner, the president of the Centre for Constitutional Rights, which is co-ordinating investigations and appeals lawsuits against the government by some 1,000 lawyers. "Stalin had show trials, but at Guantanamo they are not even show trials because it all takes place in secret."

Combatant Status Review Tribunals were held for 558 detainees at the Guantanamo in 2004 and 2005. All but 38 detainees were determined to be "enemy combatants" who could be held indefinitely without charges. Detainees were not represented by a lawyer and had no access to evidence. The only witnesses they could call were other so-called "enemy combatants".

The army major has said that in the rare circumstances in which it was decided that the detainees were no longer enemy combatants, senior commanders ordered another panel to reverse the decision. The major also described "acrimony" during a "heated conference" call from Admiral McGarragh, who reports to the Secretary of the US Navy, when a the panel refused to describe several Uighur detainees as enemy combatants. Senior military commanders wanted to know why some panels considering the same evidence would come to different findings on the Uighurs, members of a Muslim minority in China.

When the whistleblower suggested over the phone that inconsistent results were "good for the system ... and would show that the system was working correctly", Admiral McGarragh, he said, had no response. The latest criticism emerged when lawyers investigating the case of a Sudanese hospital administrator, Adel Hamad, who has been held for five years, came across a "stunning" sworn statement from a member of the military panel. The officer they interviewed was so frightened of retaliation from the military that they would not allow their name to be used in the statement, nor to reveal whether the person was a man or woman.

Two other military lawyers have also gone public. In June, Army Lt-Col Stephen Abraham, a 26-year veteran in US military intelligence, became the first insider to publicly fault the proceedings. In May last year, Lt-Com Matthew Diaz was sentenced to six months in prison and dismissed from the military after he sent the names of all 551 men at the prison to a human rights group.

William Teesdale, a British-born lawyer investigating Mr Hadad's case, said he was certain of his client's innocence, having tracked down doctors who worked with him at an Afghan hospital. "Mr Hamad is an innocent man, and he is not the only one in Guantanamo."


Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

The story over the weekend about the Judiciary Committee sending out an email to all submitters of tips to a confidential hotline re possible wrongdoing at the Justice Dept scared me and I had to read a couple times because I doubted my reading ability. The email was sent to all submitters with ALL of the addresses of other submittters and was cc'd to This not on purpose???
I know incompetence runs rampant in our gov't, but this really is beyond belief. Intimidation is the name of the game.
Impeach. Rain

Camp Iguanna

the war criminals want to run away from UNSPEAKable abuse of childeren and wives at

Camp Iguanna

How does that saying go, oh yeah,

"WAR CRIMINAL, send her to the Hague!!!"

blood is in the water

can't a few lawyers really clean up with charges of War Crimes

c'mon sure ya can

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Speaking Events

David Swanson in Fairbanks, Alaska, October 22, 2016.


Find Events Here.


Support This Site


Get free books and gear when you become a supporter.



Speaking Truth to Empire


Families United


Ray McGovern


Financial supporters of this site can choose to be listed here.

Buy Books

Get Gear

The log-in box below is only for bloggers. Nobody else will be able to log in because we have not figured out how to stop voluminous spam ruining the site. If you would like us to have the resources to figure that out please donate. If you would like to receive occasional emails please sign up. If you would like to be a blogger here please send your resume.
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Enter the characters shown in the image.