From Andy Worthington Author and Journalist
By Andy Worthington

Some of us have known for years that the US administration’s basis for holding prisoners without charge or trial in the “War on Terror” has more to do with a fantasy world in which nonsense masquerades as truth, logic is skewed, and nothing that is uttered remotely resembles evidence that would stand up in a court of law.

At the heart of this fantasy world are the Combatant Status Review Tribunals (CSRTs). Introduced in summer 2004, in a deliberate snub to the Supreme Court, which had just ruled that, contrary to the administration’s assertions, Guantánamo was run by the US and not by Cuba, and that the prisoners had the right to know why they were being held (under the “Great Writ” of habeas corpus, inherited from the British, and designed to prevent executive tyranny), the CSRTs were pale mockeries of the Geneva Conventions’ Article 5 battlefield tribunals, which were intended to separate soldiers from civilians swept up by accident in the heat of battle.

The battlefield tribunals, which the United States promoted and used in wars from Vietnam onwards, took place close to the time and place of capture, so that witnesses could reasonably be called, and enabled the US military, during the first Gulf War, to send home nearly a thousand men who would otherwise have been wrongly held as Prisoners of War.

Post-9/11, with the Geneva Conventions shredded by the administration, the prisoners at Guantánamo — “detainees” held as “enemy combatants” without rights — had to wait two and a half years until, in response to the Supreme Court’s ruling, the administration introduced the CSRTs, which were ostensibly empowered to call witnesses, but in reality did no such thing.

Far from the time and place of capture, the prisoners’ requests for outside witnesses were all refused (on the basis that the most powerful government in the world was unable to track them down, even if they were serving in the US-backed Afghan government). In addition, the prisoners were refused the right to legal representation, and were prey to secret evidence, which was not disclosed to them, and which was frequently nothing more than hearsay, spurious allegations furnished by bounty hunters selling innocent men or foot soldiers to the US military as “terrorists,” or blatantly false confessions obtained from other prisoners through the use of torture, coercion or bribery.

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