Actual Innocence
Not good enough at Gitmo


The second editoral I opened ( Detainees Deserve Court Trials ) this afternoon gave a human face to the mistakes made at Gitmo. It is written by P. Sabin Willett, an attorney doing pro bono work on behalf of Adel and a number of others like him:

Adel is innocent. I don't mean he claims to be. I mean the military says so. It held a secret tribunal and ruled that he is not al Qaeda, not Taliban, not a terrorist. The whole thing was a mistake: The Pentagon paid $5,000 to a bounty hunter, and it got taken.

The military people reached this conclusion, and they wrote it down on a memo, and then they classified the memo and Adel went from the hearing room back to his prison cell. He is a prisoner today, eight months later. And these facts would still be a secret but for one thing: habeas corpus.

The US can't decide where to send him and so:

Adel lives in a small fenced compound 8,000 miles from his home and family. . . Adel is about to pass his fourth anniversary in a U.S. prison.

He has no visitors save his lawyers. He has no news in his native language, Uighur. He cannot speak to his wife, his children, his parents. When I first met him on July 15, in a grim place they call Camp Echo, his leg was chained to the floor. I brought photographs of his children to another visit, but I had to take them away again. They were "contraband," and he was forbidden to receive them from me.

In a wiser past, we tried Nazi war criminals in the sunlight. Summing up for the prosecution at Nuremberg, Robert Jackson said that "the future will never have to ask, with misgiving: 'What could the Nazis have said in their favor?' History will know that whatever could be said, they were allowed to say. . . . The extraordinary fairness of these hearings is an attribute of our
strength."

The world has never doubted the judgment at Nuremberg. But no one will trust the work of these secret tribunals.