Rights Group Welcomes Preservation of Civilian Court Option for Guantanamo Detainee Trials

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Washington, DC – Human Rights First welcomes President Obama’s anticipated signature of legislation that will keep open the option of bringing Guantánamo detainees to the United States for trial. Following yesterday afternoon’s Senate passage of a homeland security appropriations conference report that the House approved last week, the President’s signature places some restrictions on transfers, but will continue to allow detainees to be transferred to justice in U.S. civilian courts.

“It appears that the strong track record of U.S. civilian federal courts in handling complex terrorism cases is beginning to win out over fear-mongering on Capitol Hill,” stated Devon Chaffee, advocacy counsel for Human Rights First.  “In this bill Congress has echoed President Obama’s expressed confidence in the fact that U.S. civilian courts are a proper forum for trials of Guantánamo detainees suspected of terrorism crimes.”

Human Rights First noted that the homeland security appropriations conference report shows progress in the right direction, but cautioned that some lawmakers continue to actively pursue roadblocks to trying terrorists in the U.S. justice system. For example, last week, Senator Graham introduced an amendment on the Commerce, Justice, and Science Appropriations Act that would prohibit the use of funds to try the alleged conspirators in the 9/11 attacks in U.S. civilian courts.  That proposal received criticism from four retired military leaders, admirals and generals, who sent President Obama a letter urging him to pursue prosecution of the 9/11 defendants in U.S. civilian courts.

Yesterday beyond the halls of Congress, and in a move praised by Human Rights First, the U.S. Supreme Court granted certiorari in the case of the Chinese Uighur detainees who cannot be repatriated to China because of the risk of torture or other abuse.  Thirteen Uighurs remain at Guantánamo though the Department of Defense has determined that they do not pose a threat to the United States. Chaffee observed, “The Supreme Court was right to take this important case. The administration’s assertion that the Uighurs are free to leave to Guantánamo Bay is clearly absurd.  The U.S. government illegally detained these men and forcibly transferred them to Guantánamo — it is the U.S. government’s responsibility to find a suitable site for their relocation.”

Human Rights First has consistently called for Guantánamo detainees to be tried in U.S. courts. In July 2009, the organization released In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Court –2009 Update and Recent Developments, 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.  For more information about this work, visit http://www.humanrightsfirst.org/us_law/guantanamo/index.aspx.

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