Khalid Sheikh Mohammed, the self-described Al Qaeda "mastermind" of the 9/11 attacks that killed nearly 3,000 people, has managed to turn his long-awaited trial at the Guantanamo Bay detention centre for terrorists into a political circus.
Mohammad and four co-defendants stunned the world last week by suddenly offering in what they called a "joint strategy" to plead guilty to the 9/11 attacks, provided that they can be assured of being executed. They apparently aspire to becoming jihadist martyrs at the hands of a U.S. military tribunal that commands scant respect. It is their suicidal way of striking yet another propaganda blow at America's already battered image in the world.
But the cases will now drag into the new year and later.
That may give U.S. President-elect Barack Obama, who will be sworn in Jan. 20, a chance to deny Mohammed and his crew the notoriety they crave. Obama should shut down the military commissions and transfer these cases to U.S. civilian courts where demonstrably fair trials can be held, and credible judgments rendered.
The discredited Gitmo proceedings have been called "an embarrassment" and a "failed process" by the American Civil Liberties Union for good reason. Defendants are tried by a judge and jury of military officers, their sworn enemies. They are denied the basic right not to incriminate themselves. Evidence obtained by "alternative" interrogation techniques (that is, physical abuse) can be used. Evidence can be withheld from the defence.
While obtaining convictions in U.S. federal courts would be more difficult, they would carry more weight. And if the suspects plead guilty, the federal courts can confirm that they are mentally competent and review relevant evidence before pronouncing judgment.
As president, Obama has a duty to the victims of 9/11 to bring their killers to justice. But the military commissions insult the higher standards of American justice. As Obama turns the page on Bush's disastrous administration to repair America's standing, he can begin by closing down Gitmo's tainted tribunal, and deny the terrorists the political victory they seek.
http://www.thestar.com/comment/article/553256
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