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 In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts
Arbitrary Justice: Trials of Guantanamo and Bagram Detainees in Afghanistan Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality Private Security Contractors at War: Ending the Culture of Impunity [PDF - 2.79 MB] Command's Responsibility: Detainee Deaths in U.S. Custody in Iraq and Afghanistan [PDF - 803 KB] Behind the Wire: An Update to Ending Secret Detentions [PDF - 485.30 KB] Getting
to Ground Truth: Investigating U.S. Abuses in the “War on Terror.” [PDF - 400.22 KB] Ending Secret
Detentions [PDF - 383.31 KB] Assessing
the New Normal [PDF - 1.66 MB] Imbalance of Powers [PDF - 669.61 KB] A Year of Loss [PDF - 543.58 KB]  In Their Own Words: Detainees Tell of Degradation of Religious Beliefs at Guantanamo (05/19/05)   Human Rights First U.S. Law and Security Work from 9/01 to 12/02  US Law & Security |
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Security
Detainees and the Criminal
In a few cases, these security detainees have been taken before the ordinary criminal courts to face prosecution for criminal offenses. Federal prosecutors and courts generally have dealt effectively with the challenges posed by these prosecutions, balancing the requirements of security and justice. Yet administration officials have suggested that the fair trial standards of U.S. federal courts are too demanding for some high profile prosecutions to proceed without endangering security. While the law contemplates further measures to safeguard witnesses and evidence in sensitive trials to meet the needs of both security and justice, these options have not been vigorously pursued. To the contrary, administration sources have suggested that in these cases, they may be “forced” to transfer these cases to special military commissions outside both the civil and the ordinary military justice systems.
On a parallel track, the Bush Administration continues to refine the structure of a proposed emergency military court system now being established pursuant to a “military order” issued by President Bush in November 2001. These special courts could try non-United States citizens currently being held without charge or trial. At the same time, as noted, administration spokesmen have suggested that detainees now being prosecuted before the federal criminal courts may be removed from these courts’ jurisdiction — and given new trials before military commissions under procedures that would severely curtail fair trial guarantees.
 Detention of Non-Citizens: Grading the DOJ Office of Inspector General Report U.S. Citizens with Alleged Links to Al Qaeda: Jose Padilla and Yasser Hamdi - Background
Arrest and Trials of Non-U.S. Citizens Within the U.S. Guantanamo Detainees – Background
Human Rights First Recommendations on Security Detainees and the Criminal Justice System |
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Prosecution
of the war against terrorism in Afghanistan and elsewhere has resulted
in the detention by the United States of citizens of at least 43
other countries. Approximately 650 of these people continue to be
held at military detention facilities on the U.S. naval base at
Guantanamo Bay, Cuba. At the same time U.S. law enforcement operations
have led to the arrest and detention of others, including several
American citizens. At least two Americans, José Padilla and
Yaser Hamdi, are being held indefinitely, without charge or trial,
as “enemy combatants.”