Guantanamo Detainee Boycotts Trial

  • Published on 1/06/2008
  • by: Alim
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Mohammed Kamin, an Afghan national detained at Guantanamo Bay since 2004, was forcibly dragged from his cell to his hearing before a Military Commission on May 21 2008. He is accused of placing missiles near US occupied areas in Afghanistan and allegedly trained as an al-Qaeda operative in 2003. Although Mr. Kamin was apprehended five years ago, he was not charged with a crime until 2008.

Standing before the military judge in handcuffs and leg shackles, Mr. Kamin had visible swelling around his right eye in addition to other injuries on his face, including scrapes around his eyes and neck. When given a chance to address the court, he said: "The trials are yours, the courts are yours. How can I trust you? I don't expect anything good from you…I am helpless.”

During the hearing, Federico, Kamin's defense counsel, said he had learned for the first time on Tuesday that authorities at Guantánamo were withholding records indicating Kamin might suffer from mental health issues. The military judge ordered the government to make those records available. However, upon being asked to broaden that order to include medical and dental records, the judge replied: “Let me think that one over and get back to you.”

Mohammed Kamin’s sense of desperation and helplessness is justified under the current circumstances. Detainees at Guantanamo are held for years without charge, deprived of the right to challenge their own detainment and routinely tortured and abused. When defence lawyers do finally arrive, detainees are expected to simply forget their ill-treatment and unconditionally trust military lawyers who are wearing the same uniform as their jailers.

Simply put, military commissions are not courts. They are extra-judicial institutions in which neither the rules of evidence, nor the presumption of innocence apply. Furthermore, military commissions are completely divorced from legitimate sources of law, such as the Constitution, international and criminal law.

This blog entry was created by Alim and does not necessarily represent the position or opinion of Amnesty International Australia.

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