Human Rights First Welcomes Decision to Move Terrorism Cases to U.S. Federal Courts

More About Law and Security » Email» Share & Bookmark Subscribe

Washington, DC – As news reports reveal that dozens of Guantanamo Bay detainee cases have been referred to federal prosecutors throughout the East coast, Human Rights First Chief Executive Officer Elisa Massimino hailed the decision and underscored the capability of the nation’s existing federal court system to try terrorism cases.

Massimino stated, “Methodically and without fanfare, the federal courts have been dispensing justice in complex terrorism cases—including against hardened al Qaeda terrorists—for many years.  Moving these cases out of Guantanamo and into a credible criminal justice process with a proven track record of convictions is not only consistent with our laws and values, but reflects smart counterterrorism strategy.  Treating terrorism suspects as combatants—by holding them in military detention and trying them in military commissions—enabled them to project themselves as warriors and more easily attract others to their cause.  Moving them into the regular criminal justice system will begin to reverse that error.  Smart, capable prosecutors have been itching to get their hands on these cases for years; now they will have their chance.”

Last week, Human Rights First released In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Court –2009 Update and Recent Developments. The report challenges the arguments of those who favor new, un-tested legal regimes for terrorism suspects such as “national security courts,” or administration detention without trial by presenting a comprehensive, fact-based assessment of the capability of federal courts to handle terrorism cases. Written by former federal prosecutors Richard B. Zabel and James J. Benjamin Jr.—now partners at Akin Gump Strauss Hauer & Feld LLP— the report is the most thorough examination to date of federal terrorism cases against those who are “associated—organizationally, financially, or ideologically—with Islamist extremist terrorist groups like al Qaeda.” It also shines new light on America’s ability to safely detain terrorism suspects within the federal prison system and the resources needed to handle these cases.

In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Court –2009 Update and Recent Developments offers an exhaustive analysis of a newly compiled, comprehensive database of federal terrorism prosecutions and relevant federal laws through May 2009. It builds on a 2008 white paper on the topic, also released by Human Rights First. Among the issues addressed in the updated edition are recent developments in material support and narco-terrorism prosecutions, in the detention of suspected terrorists and in balancing the need for due process with the need to protect classified information

- 30 -