Tuesday, February 10, 2009

The Legal Mess For Guantanamo Inmates Is Getting Bigger And More Complicated

Guantánamo Bay Courtroom

Miranda Rule May Hamper Detainee Trials -- L.A. Times

None of the men held at Guantanamo were advised of their rights against self-incrimination. That and other issues may cause problems for President Obama's goal of trying them in a civil legal system.

Reporting from Washington -- Accused in a 2002 grenade blast that wounded two U.S. soldiers near an Afghan market, Mohammed Jawad was sent as a youth to Guantanamo Bay. Now, under orders by President Obama, he could one day be among detainees whose fate is finally decided by a U.S. court.

But in a potential problem, Pentagon officials note that most of the evidence against Jawad comes from his own admissions. And neither he nor any other detainee at the U.S. prison at Guantanamo Bay, Cuba, was ever told about their rights against self-incrimination under U.S. law.

Read more
....

My Comment: This is why we have military tribunals .... to avoid this legal mess. If President Obama and his legal team were running America at the end of the Second World War .... the Nuremberg trials would probably never have happened.

No comments: