Hamdan Allowed to Send Notes to Other Prisoners; Trial Set for June 2

By Gabrielle Meury
Impunity Watch Reporter, North America

Military judge Keith Allred says that Yemeni detainee Salim Hamdan can send notes to top al Qaeda suspects imprisoned at Guantanmo to enlist their help in his war crimes tribunal. Hamdan’s defense team says that the communications are needed to confirm that Hamdan was not a terrorist. Prosecutors contend that allowing Hamdan to send notes would threaten national security. Hamdan is continuing his boycott of his own trial, on the grounds that the military tribunal is fundamentally unfair. Judge Allred hopes that Hamdan will reconsider his boycott if he is allowed to send notes.

On April 29, Hamdan appeared in court as his lawyers tried to suppress the use of statements taken from Hamdan by law enforcement officials without informing him of his right against self-incrimination. Under virtually any other legal system these statements would be deemed inadmissible. Under the Military Commissions Act, however, protections against self-incrimination do not apply to any statements made before trial. Hamdan expressed frustration at the ruling, stating "The law is clear. The Constitution is clear. International law is clear, why don't we follow the law? Where is the justice?"

On April 30, Hamdan did not leave his prison cell to participate in a the pretrial hearing, and his defense attorneys also refused to participate.  Even if Hamdan continues to boycott, his trial will proceed without him on June 2.

Hamdan is among the first to be charged under the Military Commissions Act, which Congress passed in 2006 after Mr. Hamdan's successful Supreme Court challenge to President Bush's initial effort to set up courts without congressional authorization or judicial oversight.

For more information, please see:

Wall Street Journal- Judge Says Hamdan Can Swap Notes with Fellow Guantanamo Detainees- 30 April 2008

Salon- Lawless in Guantanamo- 2 May 2008

Periodico- Former Guantanamo Prosecutor Says Military Tribunals Are Rigged- 29 April 2008