The administration of U.S. President has recently revised its decision, in what place will be judged organizer terrorist attacks of 11th September 2001 Khalid Sheikh Mohammed. According to the latest decision, he and four partners will judge military court in the slammer Guantanamo in Cuba, not civilian South American Federal Tribunal, as it were. Such a decision by the Obama immediately raised many questions as to how it was achieved and what could be the legal consequences?
U.S. Attorney General Eric Golder opposed the order to Khalid Sheikh Mohammed tried by a military court. In general, in the end, he agreed, in view of the fact that Congress acted against the fact that the case was heard in federal court.
"I know this is the case with the side on which the congressmen do not know it. I beheld the documents read with the prosecution. I respect their right to disagree with me, but I think they should take into account the fact that such questions are related to the function of the executive branch of government, "- said Golder.
In January, lawmakers passed legislation prohibiting the transport of prisoners from Guantanamo to the United States at the expense of the federal budget. Eric Golder agreed that the Administration can not start with the rigmarole of court sessions, which has almost 10 years of waiting relatives of those killed in the terrorist attacks of 2001. Alexander Suntory — the father of firefighter Christopher Santori, who died on September 11:
"We need to be on the stage of sentence and dismissal of the case. And we are at the moment only the first stand of the case. It just does not fit in my head. "
Critics they say, that just military court may be a precursor to why the administration of justice delayed. Hin Shamsi — Project Director of State Security in the South American union freedoms protect civilians said the military courts operate under lower standards:
"Since their lowest standards of obtaining hidden evidence, but some recognition would be prepared by a method which does not fully comply shaped as letters of the law, the legitimacy of these statements may be called question and appealed. "
In the event of a conviction, prisoners have the right to appeal even up to the Supreme Court. This process can drag on for years. JD Institute Fordgemskogo Annemarie McAvoy says that some public procedures can not be performed when hears cases related to terrorism:
"In the U.S. you have the right to an attorney. How can you bring a lawyer to Afghanistan, where the war is waged, an hour or even a day? You can not. Especially when it comes about a lawyer who knows the legal function in the United States and, together with the fact may read in the language in which the defendant says. "
She adds that, unlike the civilian hearings, military courts in order to protect the source disk imaging, can provide confirmation of guilt, not to mention the suspect, in what ways these approvals have been obtained. Annemarie McAvoy says:
"The problem of a civilian trial in the U.S. is that here you have access to the entire disk imaging, without exception, even if the information relates to matters of national security. And that could be harmful to all of us. "
Dr. McAvoy says that the trial of terrorism, in the case of New York, puts the city at risk. In general, a spokeswoman for the South American union freedoms protect civilians Gina Shamsi disagrees:
"Hundreds of terrorist cases heard in federal courts, and did not constitute any danger of national security. On the contrary, the experience of these cases indicates that the South American judicial system and security system knows how to deal with such matters. "
New York City Mayor Michael Bloomberg did not once stated that hearings in the case of terrorism require increased security measures at its campus. But in contrast Gina Shamsi says that the existence of Guantanamo spoils style U.S. in the international arena, as President Obama once promised to close the jail. Meanwhile, U.S. Attorney General Eric Golder said that so far it is not clear whether the death penalty Khalid Sheikh Mohammed and his four accomplices in case a military court finds them guilty.