Friday 8 August 2008

Justice denied ?

There is a strange aroma about the sittings of the " Special Tribunal " being held at the American base at Guantanamo Bay, Cuba.

The legality of the process has been and still is questioned by legal authorities in the US - and special legislation has been needed to overcome repeated findings that it does not meet the standards of justice required under the US constitution.

Despite this, the first case has concluded with a finding of " guilty of providing material support " to al Qaeda and it's mastermind - Osama bin Laden.

The astonishing thing is that the charged person is not a field commander or an operational terrorist - but the lackey given the job of driver for bin Laden.

At the end of the second world war - when German war criminals were tried at Nuremberg - few can imagine Adolph Hitler's driver making a court appearance.

This " Special Tribunal " has all the hallmarks of a set-up to provide theatre for the anti terrorist war. Legislation has been rushed through to clear legal obstacles, with the result that the legal process under way bears no resemblance to the legal process that would apply to American citizens.

Salim Hamdan - the man found guilty - will probably get a sentence out of all proportion to the alleged crime committed. He will likely serve life in gaol for what is probably not even a crime in the eyes of the World Court of Justice.

This first court case at Guantanamo Bay seems to have been a " dummy run " to test the system and iron out any bugs before more serious offenders get their day in court - however legal that may be !

This system of " justice " has about it a foul stench, being held well away from an American court room and under military jurisdiction, with the jury comprising serving officers who can be expected to deliver a verdict favoured by their bosses.

" Fairness " seems to have been a victim of " expediency ! "

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