Monday, December 8, 2008

9/11 suspects plead guilty

The military tribunals set up to deal with prisioners held in Guantanamo have been contentious at best. In fact, these tribunals have been a major source of concern during the election itself, with Obama making Guantanamo's closure a campaign centerpiece.

Further, the US Supreme Court had decided in June 2008 that prisoners at Guantanmo should have the constitutional right to challenge their detention in civilian courts, not just these military tribunals. Although this decision hasn't really taken effect yet, progress is being made. The ability to try these cases in civil courts is a huge step forward in terms of the rights of these 'unlawful combatants'. They would, essentially, receive many of the same constitutional rights that other foreign citizens receive in the United States. Although different court procedures may take place (perhaps similar to Canada's security certificate procedures), there would not be the same type of kangaroo court that the military tribunals have become.

Thus, it is interesting that some of the major 9/11 suspects (including Khalid Sheikh Mohammed) have told a military judge that they wish to plead guilty to the charges against them. This would, in essence, guarantee their execution. Originally, Mohammed had entered a defence and appeared as if he wanted to contest his detention. Now, the new plea would withdraw these pleadings and enter a guilty plea, hastening his demise.

The fascinating aspects of this case include the fact that this change of heart may have to do with Obama's intention to close the prison and allow civilian courts. There is the possibility that the death penalty would no longer be an option, and therefore these suspects would be denied the martyrdom they claimed to be seeking.

[Source: BBC News]
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UPDATE - Dec 9, 2008

It seems I was right in guessing that the guilty plea entered by the 9/11 plotters was a bit of a sham.

The guilty plea would have actually exempted them from the death penalty, something the five defendants were seeking so they could gain martyrdom. In fact, Khalid Sheikh Mohammed directly asked the court, when told about this, "Are you saying if we plead guilty we will not be able to be sentenced to death?"

And then the plea gets withdrawn, so it sounds as if they are looking to be found guilty the good old fashioned way. I am unclear if, under the current military tribunal, a guilty plea exempts you from the death penalty while a conviction makes you eligible for it. So far this is unclear.

More importantly, I guess, is the concern over what will happen now that Obama is trying to close Guantanamo. I am interested to see if the closure and subsequent dismantling of these military tribunals will happen before the full trial of these five plotters.

[Source: UPI]

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