Amnesty comments on yesterday's tribunal ruling: A fair trial is not possible at Gitmo

Bush's system of military tribunals at Guantanamo Bay is blowing up. They've been making up the rules as they go along. Not only is that wrong in itself, but the Bush-hacked system is obviously not working. And, unfortunately, our detainees remain in legal limbo and will continue to pay the price for Bush's lawlessness.

According to a Reuters article yesterday, "The U.S. war crimes tribunals at Guantanamo came to a screeching halt on Monday when a military judge dropped all the charges against a young Canadian in a ruling that could preclude trying any of the 380 prisoners." The judge said that "the military tribunal lacked jurisdiction over Canadian Omar Khadr because he did not meet the definition of those subject to trial under a law the U.S. Congress drafted last year."

A similar ruling just came down also regarding Osama bin Laden's ex-driver Salim Ahmed Hamdan.

Now I don't think that we should let suspected terrorists go free. But we already know that many former detainees were actually innocent of any terrorist ties and therefore released. And we know that many of the remaining detainees are likely innocent as well. The problem is that we might never know. Under Bush's rules, they cannot get a fair trial.

While some have called yesterday's rulings a "stunning defeat" of the Bush administration's system of military tribunals, these guys continue to sit in legal limbo indefinitely, with little hope for due process.

In response to the Khadr ruling yesterday, Jumana Musa, Amnesty International's legal observer at the military commission hearings in Guantanamo Bay for the last two years, issued the following statement:

"Today's ruling is the most significant setback since the U.S. Supreme Court threw out the original military commissions. It also signals that these commissions need to be scrapped and the detention facility at Guantanamo Bay must be closed now. The judge's decision clearly indicates that a fair trial is not possible within a system that is being developed as it proceeds. It raises more questions about the Bush administration and Congress' wisdom and logic in rushing to patch together a new system of justice, when there are fully functioning federal courts that can not only offer fair trials but also come with established procedure."

For more information, check out this Amnesty report on the subject: Justice delayed and justice denied? Trials under the Military Commissions Act

Ironically, Bush keeps talking about the rule of law. But actions speak much louder than words.