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Monday, December 08, 2008


 

American "justice"


In Iraq:
On a scorching morning earlier this year, Talib Mohammed Farkhan, who had been imprisoned for 15 months, shuffled into Hearing Room 3 to hear his U.S. captors explain the allegations against him for the first time.

Farkhan, a Shiite Muslim, appeared to follow along as the American officers said he had been detained for membership in the Mahdi Army, the anti-American Shiite militia. But he looked totally baffled when they also accused him of working with al-Qaeda in Iraq, the extremist Sunni Muslim group that kills Americans and Shiites.

"I don't understand how that could be possible," said a visibly flustered Farkhan, a welder from the southern city of Iskandariyah, who denied all the accusations. "They are Sunni. I am Shia."

Yet the three U.S. servicemen before him, a panel of non-lawyers convened as part of a new quasi-judicial process to review each detainee's case every six months, did not need to decide whether Farkhan had violated the law. Their task was to decide whether he posed an "imperative security threat" to the U.S.-led coalition or the Iraqi people. And they concluded that credible evidence, which they would not describe to Farkhan or a Washington Post correspondent allowed to view the 19-minute hearing, suggested that he probably did.

"I'm not looking at whether they are guilty or innocent," said Air Force Maj. Jeff Ghiglieri, the president of the review board that convened in May. "We're trying to determine as best we can whether they will do bad things if we release them." Minutes later, the panel unanimously voted to detain Farkhan for another six months.

This proceeding is what has amounted to due process for many of the 100,000 prisoners who have passed through the American-run detention system in Iraq [16,000 still there]. Although the legal controversy over detainees at the U.S. military prison at Guantanamo Bay, Cuba, has attracted far more attention, 100 times as many prisoners have been held at Camp Bucca and other Iraqi sites with far fewer legal rights and no oversight by the American court system. The Iraqis are not charged with crimes, permitted to see the evidence against them or provided lawyers.
And right here in the U.S. of A.:
Santa Clara County prosecutors have learned of the existence of an estimated 3,000 videotapes of medical examinations in child sex-abuse cases dating to 1991 that never were provided to defense attorneys — evidence that in many of the cases could provide a basis to challenge convictions.


Why stop here? There's more...

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