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Context of 'Early November 2004: Pentagon Spokeswoman says Guantanamo Tribunals ‘Fair’ '

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Bisher al-Rawi, an informant for the British intelligence agency MI5, begins to have doubts about his informant work. He is mostly helping MI5 communicate with imam Abu Qatada, another MI5 informant who is pretending to be hiding from the authorities (see Late September 2001-Summer 2002). Al-Rawi is concerned that he might incriminate himself by talking to people who have links to terrorism, and is also concerned that his role as an informant could be publicly exposed. He suggests holding a meeting between his MI5 handlers and a private attorney, and specifically suggests using human rights lawyer Gareth Peirce. However, his MI5 handlers refuse and instead have him meet with an MI5 lawyer known only by the alias “Simon.” Simon assures him that MI5 would come to his aid if he is compromised or has other problems. Al-Rawi will later recall: “[Simon] gave me very solid assurances about confidentiality. He promised they would even protect me and my family if they had to. He said that, if I was ever arrested, I should cooperate with the police. If a matter got to court, he would come as a witness and tell the truth.” Some agents are beginning to have doubts that he is carrying out all their orders, and he brings up the idea of ending the relationship. Then one day one of his MI5 handlers calls him and terminates his MI5 work. [Independent, 3/16/2006; Observer, 7/29/2007] Several months later, MI5 will betray him and turn him over to the CIA to be interrogated in Afghanistan and at Guantanamo (see December 8, 2002-March 2003 and March 2003-November 18, 2007).

Entity Tags: UK Security Service (MI5), Abu Qatada, Bisher al-Rawi, “Simon”

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Tim Edgar of the American Civil Liberties Union says the status review tribunals (see July 30, 2004, August 2004, and August 24, 2004) being held at Guantanamo amount to “second-class tribunals, the likes of which we haven’t seen since World War II.” [Los Angeles Times, 8/18/2004]

Entity Tags: Tim Edgar

Timeline Tags: Torture of US Captives, Civil Liberties

By this date, Combatant Status Review Tribunals have been held for 55 Guantanamo detainees. The review process has been completed for 30 of them, only one of whom—an unidentified man held prisoner at Guantanamo since May 2002—has been determined not to be an enemy combatant. He will be released without compensation. [Boston Globe, 9/9/2004] The Pentagon will refuse to provide any details about the detainee or his case—who he is or why he was determined not to be an enemy combatant. [Los Angeles Times, 11/7/2004]

Timeline Tags: Torture of US Captives, Civil Liberties

Pentagon spokeswoman Navy Cpt. Beci Brenton says defends the Combatant Status Review Tribunals being held at Guantanamo are fair. “We think this is a professional process, she says. It’s very rigorous. It’s fair. We take extra steps to make sure the detainees understand the process, and they are given a good opportunity to speak for themselves.” [Los Angeles Times, 11/7/2004]

Entity Tags: Beci Brenton

Timeline Tags: Torture of US Captives

US District Judge Joyce Hens Green rules that Guantanamo detainees may legally challenge their detention in US courts as a violation of their constitutional due process rights. She says that last year’s Supreme Court decision (see June 28, 2004) made it clear that detainees are entitled to constitutional rights. Her ruling flatly contradicts the decision of another judge who ruled on a similar case two weeks before (see January 20, 2005). [Los Angeles Times, 1/31/2005; Washington Post, 1/31/2005] She also rules that the Combatant Status Review Tribunals being held in Guantanamo are unconstitutional and “violate long-standing principles of due process….” According to Green, the tribunals deny detainees a fair trial to which they are constitutionally entitled. She found that the tribunals relied heavily on reported confessions of detainees despite widespread allegations and some evidence that detainees had been abused during interrogations. In reviewing classified material on the tribunals’ decisions, she notes that there were many cases in which the prosecution failed to provide any evidence that the detainee was ever engaged in combat or terrorism. The tribunals, Green writes, “violate long-standing principles of due process by permitting the detention of individuals based solely on their membership in anti-American organizations rather than on actual activities supporting the use of violence or harm against the United States.” [Washington Post, 1/31/2005] Green also rules that Taliban members are entitled to prisoners of war status because they were fighting in the name of the Afghan government when they were captured. [Washington Post, 1/31/2005]

Entity Tags: US Supreme Court, Joyce Hens Green

Timeline Tags: Torture of US Captives, Civil Liberties

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