First Unconstitutional Military Commission Trial Ends In Conviction

August 6, 2008

ACLU Says Deeply Flawed System Means No True Justice

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – After a trial filled with overwhelming constitutional and procedural flaws, a jury of military officers today found Salim Hamdan guilty of providing material support for terrorism. The American Civil Liberties Union has been at Guantánamo Bay observing the Hamdan proceedings, which lacked the fundamental legal safeguards found in traditional U.S. courts or military courts governed by the Uniform Code of Military Justice.

The following can be attributed to ACLU Executive Director Anthony D. Romero:

"Any verdict resulting from such a flawed system is a betrayal of American values. The rules for the Guantánamo military commissions are so flawed that justice could never be served. From start to finish, this has been a monumental debacle of American justice. The judgment against Hamdan undoubtedly will be challenged in legitimate courts, but there is no appeal from the judgment of future generations. This system was devised to permit the prosecution of alleged wrongdoing by detainees, while continuing to cover up the wrongdoing by government interrogators. Trials that are shrouded in secrecy and tainted by coercion are the very antithesis of American justice."

The following can be attributed to ACLU National Security Project staff attorney Ben Wizner, who observed the trial:

"In the strange world of Guantánamo justice, even if Hamdan had been acquitted on all charges, he would have been detained indefinitely. Nowhere else in the U.S. justice system can someone be held for life regardless of whether he is convicted or acquitted of a crime. Today's outcome represents nothing more than an illusion of justice. It is time to shut down these commissions and put an end to this shameful chapter in American history."

As part of its John Adams Project, a partnership with the National Association of Criminal Defense Lawyers, the ACLU is sponsoring expert civilian counsel to assist the under-resourced military defense counsel of some Guantánamo detainees.

More information on the John Adams Project is available online at: www.aclu.org/johnadams

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