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Real Justice Requires Due Process

Following last week’s bombing in New York City that wounded 31 people, some politicians are calling on US authorities to take the accused bomber, Ahmad Khan Rahami, out of the federal court system and instead treat him as a so-called “enemy combatant” …
Ahmad Khan Rahami, New York bombings suspect
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Judge orders evidence destroyed related to defendants’ secret detention, torture

A trial of the five men charged with the 9/11 attacks is still years away – a fact that became obvious while sitting in on last week’s pre-trial hearings in the Guantanamo Bay military commissions. The co-defendants were arraigned in May 2012, yet…
Khalid Sheikh Mohammed, (2nd R) the alleged mastermind of the September 11 attacks, addresses the judge during the third day of pre-trial hearings in the 9/11 war crimes prosecution as depicted in this Pentagon-approved courtroom sketch at the U.S. Naval
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It is now widely acknowledged that after the 9/11 attacks in the US, the Central Intelligence Agency (CIA) began a global detention and interrogation program through which it tortured and abused prisoners. Yet the US government has failed to hold…
Illustration of the scales of justice replaced by two people shackled by their wrists and dangling in the air.
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It’s been more than two years since the five men accused of plotting the 9/11 attacks were arraigned before military commissions at Guantanamo Bay, Cuba, and still the case is not even close to trial, stymied by novel and often bizarre issues unlikely to…
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Do your thoughts belong to you? Not if you’re one of the five 9/11 defendants facing charges at Guantanamo. But that may have changed with a new ruling at a secret hearing on Monday. Lawyers are still trying to puzzle it out. Of the many…
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On our way to a barbecue dinner where the ceiling fell in, we blew a tire. The two events here at Guantanamo Bay were not related, nor were they exactly big news in a week when a fresh set of hearings is getting underway for the five men…
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Amicus Curiae brief filed with the Supreme Court

Human Rights Watch and the National Association of Criminal Defense Lawyers filed an amicus brief in the case of Ashcroft v. Al-Kidd before the Supreme Court. The case challenges the US government's misuse of the material witness statute to investigate…
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Seeks to Exclude Material Support for Terrorism Charge from Military Commission Jurisdiction

Human Rights Watch joins partners in this brief arguing that the charge of material support for terrorism is not a violation of the laws of war and therefore such a charge falls outside the limited jurisdiction of military commissions. The brief further…
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Supreme Court of the United States, January 6, 2006

The detention and military commission systems created by the Executive to hold and try persons seized in the “war on terror” and implemented at the United States Naval Station in Guantánamo Bay, Cuba (“Guantánamo”) violate the well-established norms of…