Early last week, six prisoners located at Guantanamo Bay, Cuba were told that they would face trial. They will be the first of the Guantanamo Bay prisoners to face trial since Sept 11. These six prisoners are charged for their connections to Sept. 11 including charges of murder, conspiracy and four also face hijacking charges.The six prisoners will go in front of military commissions. These commissions were set up under the Military Commissions Act, which was established to deal with the captured during the War on Terror. The Act gave some rights to the convicted, such as the right to see all the presented evidence and call defense witnesses. With the government already announcing that they will seek the death penalty, there is a speculation over whether or not it will be a fair trial.
“They will be undoubtedly be convicted and face the death penalty,” said Robert Duncan, assistant professor of political science. “They have no constitutional guarantees.”
Even the Supreme Court has had its issues with the current administration’s running of the Guantanamo Bay and the treatment of the detainees. In 2006, the Supreme Court questioned the military tribunals because the accused couldn’t challenge their imprisonment. This led to Military Commissions Act.
“We are going to give them rights that are virtually identical to the rights we provide to our military members,” said Brig. Gen. Thomas Hartmann to CNN News.
Three of the six that are charged are among those who were tortured by the controversial water boarding technique that recently came to light. Many wondered if the evidence from that, such as one admitting his role in the Sept. 11 plan, will show up in this trial.
“You can’t torture and use that information as evidence,” said first-year Zak Wear, a political science and economics major.
With the coming change in administration, the election could have an effect on these types of trial.
“(The election) will have a huge impact on how we deal with this,” Wear said. “I hope we will elect someone who takes this international problem and brings it on an international level.”
These proceedings will not only affect how the rest of the world looks at the United States, but also influence some votes.
“(This proceeding) could sway some to the Republicans,” Duncan said. “This administration does nothing that isn’t for political gain.”
But there is uncertainty about the long term affects of this trial and if the detainees will face the death penalty. One concern is that the detainees might become martyrs if they face an unfair trial.
With reports out of Guantanamo Bay about prisoner abuses and torture, it is no shock that they are to face death penalty.
“They will probably welcome death after what they have been through,” said Duncan. These detainees have the distinction of being charged with connection to Sept. 11. So there is little known if there will be more of these proceedings in the future.
“I hope that is a show trial in the sense that it won’t be a common problem,” Wear said. “If it is this one time, then we might be ok, not good but ok.