Guantanamo Death Trials: 'Not Acceptable'

By TChris, Section Terror Trials
Posted on Wed Jun 11, 2008 at 01:41:23 PM EST
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As TalkLeft noted here, the Bush administration is encouraging a sudden rush of trials at Guantanamo to put on a nice show for voters before the November elections. Some of those trials may seek the death penalty, much to the dismay of the international community.

United Nations High Commissioner for Human Rights Louise Arbour said on Tuesday planned Guantánamo war crimes trials fell short of international standards and handing down death penalties would be "just not acceptable".

[more ...]

"In a process where the definition of a crime is somewhat more ambiguous, the standard of proof is lowered, the capacity to make a full answer of defence is lowered, the chances of wrongful conviction necessarily increases," Arbour said. "So to add the death penalty to that, it seems to me, is just not acceptable," she said of the Guantánamo trials.
Arbour said international human rights law permitted the death penalty for the most serious crimes if trials are fair. "There has to be impeccable due process, the process has to meet the highest standards of fairness," she said. "Frankly, I think the military commissions ... fall short in many respects."

The Bush administration, of course, could care less about human rights, much less about the opinions of UN member countries.

In an interview with Reuters before leaving office on June 30, the former UN war crimes chief prosecutor chided the administration of US President George Bush for last week's decision to distance itself from the United Nations Human Rights Council.

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Guantanamo Death Trials: 'Not Acceptable' | 18 comments (18 topical)

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There is nothing, (5.00 / 1) (#1)
by Claw on Wed Jun 11, 2008 at 01:49:40 PM EST

Nothing they won't stoop to.

If these defendants are perceived (5.00 / 2) (#15)
by HenryFTP on Wed Jun 11, 2008 at 05:59:47 PM EST

as so "guilty", why has it taken the Bush administration 6-7 years to put them on trial?

If Cheney and Addington feel so strongly that these defendants should be tried, why would they want to run the substantial risk that the verdicts will be overturned on appeal because of the numerous defects in procedure (overriding warnings from their own hand-picked military judges)?

The rush to try these defendants right now is nothing more than the same old Mayberry Machiavelli technique of showcasing the alleged Republican superiority in "national security" for the Party Conventions, just as they blew a major terrorist investigation during the 2004 conventions to ballyhoo an arrest (which sabotaged the roll-up of the arrested Pakistani's network).

We will be suffering the consequences for becoming an international outlaw for years to come. Be in no doubt that we all bear responsibility for the outrages being committed in our name under the color of our law.

Louise Arbour is only telling half the story when she says these trials fall short of "international standards" -- they fall short of "American standards", particularly to the extent they are based on evidence adduced by criminal acts, as to which the defendants' proffers are suppressed.

Our enemies could not create better propaganda for whipping up anti-American hatred than our own acts of making martyrs out of murderers of innocents.

It sickens my heart that my own Party lacks the courage to stand up to people who so cavalierly betray the country and stain the honor of American justice and our armed forces for their petty partisan advantage. While the complicit Opinion and Corporate Elites would howl, I think the American people have at long last fully recognized what has happened, and would rally around leadership that articulated fundamental American values and forthrightly denounced those who have betrayed us -- perhaps the poll ratings of Bush and Cheney might provide at least a clue to the sentiments of the people?

I know -- our skies will be choked with pigs first.

as if anyone in the bush (none / 0) (#2)
by cpinva on Wed Jun 11, 2008 at 02:21:56 PM EST

administration cares what anyone else thinks. they are a law unto themselves, with a complicit SC.

i feel sorry for any of our guys that gets captured in iraq or afghanistan.

I don't think so. (none / 0) (#3)
by sarcastic unnamed one on Wed Jun 11, 2008 at 02:50:36 PM EST

the Bush administration is encouraging a sudden rush of trials at Guantanamo to put on a nice show for voters before the November elections.

Considering how well previous gitmo trials have gone, I'm not sure anyone is confident that the trials will help the GOP at all in November.

That the Bush admin wants to get the trials done and thereby accomplish what they feel is the right thing to do, before a new admin comes in that may well not try the detainees and thereby not do what the Bush admin thinks is the right thing to do, seems more likely to me.

political expedience (none / 0) (#4)
by Jlvngstn on Wed Jun 11, 2008 at 03:27:14 PM EST

are you still in the belief that gitmo was ever the "right thing to do" or have you softened on that? Of course this is political expedience, democrats have long been accused of being soft on terror and what better way to add to their talking points late summer than releasing tidbits about the desires of the detainees to kill americans? It has been almost 7 years and legal purgatory is still a global stain for us. The bigger political question to me is how the left, Obama in particular will address the detainee situation in his platform. Should make for an interesting debate.


Well, "gitmo" is a pretty sizeable topic (none / 0) (#5)
by sarcastic unnamed one on Wed Jun 11, 2008 at 03:39:55 PM EST

I don't think I ever made any blanket statement like "gitmo is the right thing to do."

Regardless, I think the Bush admin thinks these guys are guilty and should be tried for their crimes. And that if they leave it up to the next admin, they won't be tried.


yeah i baited ya (none / 0) (#7)
by Jlvngstn on Wed Jun 11, 2008 at 04:36:27 PM EST

I wish I could agree with you that it was about justice but this administration has had a bad run of 7 years of not so honest or distorted thinking. But I still am curious, it has been 7 years, have your feelings changed at all abou the "rightness" of gitmo?


As for me, nope (none / 0) (#8)
by jimakaPPJ on Wed Jun 11, 2008 at 04:59:33 PM EST

My only comment is that we should have tried'em quicker.

And then hanged the ones who need hanging, sentence the ones who need sentencing and cut lose the odd one who is innocent.


lol (none / 0) (#10)
by Jlvngstn on Wed Jun 11, 2008 at 05:25:59 PM EST

how is the farming, you and I are never gonna get close on this one


but I do hold out hope (none / 0) (#13)
by Jlvngstn on Wed Jun 11, 2008 at 05:29:29 PM EST

for SUO. I have had to give up me poker game, i hadn't won in several months. You still throwin em around?


Heh! (none / 0) (#16)
by jimakaPPJ on Wed Jun 11, 2008 at 07:24:18 PM EST

Garden has finally taken off... late due to Global Cooling...still do the poker trick from time to time... going out to LV next week for a convention, not for the WSOP...

Come on over to Tall Cotton and we'll find something to agree about!


our strawberries (none / 0) (#17)
by Jlvngstn on Wed Jun 11, 2008 at 07:53:47 PM EST

are incredible this year, cilantro coming in nicely and we planted tomatoes two weeks ago. You never miss a beat, global cooling is caused by underground weapons facilities in Iraq. when you get a chance i want to debate this administrations place in history, i know it is way too early to judge the long term stuff but i do appreciate well love hate actually your thoughts on the matter. Same with you suo, not to gloat because i think this admin has been a disaster but i haven't gotten the other side of the coin in well over a year and in need of some perspective...


: You got the invite (none / 0) (#19)
by jimakaPPJ on Sat Jun 14, 2008 at 11:40:17 AM EST

just leave a comment and I'll start a thread.

Still baiting, Jl... (none / 0) (#9)
by sarcastic unnamed one on Wed Jun 11, 2008 at 05:02:34 PM EST

I think if these guys the committed crimes they should be tried for them.


i will concede the trials (none / 0) (#12)
by Jlvngstn on Wed Jun 11, 2008 at 05:28:01 PM EST

but not gitmo. We are presuming guilt having them detained in gitmo and it is against the core principle of innocent until proven guilty. 7 years without a trial makes us no different than China or the old USSR


Yes, 7 years is way too long. (5.00 / 1) (#14)
by sarcastic unnamed one on Wed Jun 11, 2008 at 05:44:20 PM EST

: 7 years... (none / 0) (#18)
by kdog on Wed Jun 11, 2008 at 08:29:09 PM EST

is a crime unto itself.
I think we blew any chance at any kind of legitimacy in these trials.

I'm positively certain there will be hangings. (none / 0) (#6)
by Salo on Wed Jun 11, 2008 at 04:24:00 PM EST

Bush will not hand over his prisoners to Obama or Mccain without making a final demonstration.