Sahr MuhammedAlly [Senior Associate, Human Rights First]: "On March 12, 2008, Mohammed Jawad [Human Rights backgrounder], a twenty-three year old Afghan prisoner, announced to the military commission judge that he has "been brought here illegally." Jawad is accused of attempted murder for allegedly throwing a grenade at a military vehicle, and injuring two U.S. soldiers and their interpreter in Afghanistan in December 2002. Through a Pushto interpreter, Jawad said yesterday that the prosecution is "an injustice to me."

According to my colleague, Kevin Lanigan, who is observing the proceedings in Guantánamo, Jawad was forcibly brought to the court as he refused to come voluntarily. When he arrived, in an orange jumpsuit and shackled feet, he told the court that as a child he read in a newspaper about American criticism of the Taliban—that they are cruel, imprison people without trial, and do not respect human rights. But he claimed that the Americans are doing the same—he was arrested five years ago, at age 16, with no trial, and he heard that Americans killed Afghans in custody. (In fact, two prisoners, Mullah Habibullah and Dilawar, did die in Bagram after prolonged interrogation during which they were shackled to the ceiling and beaten). Jawad then rejected the proceedings and refused legal representation.

For the 80 out of 275 men that the government says it intends to prosecute, each military commission hearing reminds us of the failure of justice that the commissions represent. This second tier of justice allows the use coerced testimony so long as the military judge finds the evidence "reliable" and "in the interests of justice." Hearsay testimony is admissible unless the defendant is able to show that it is unreliable and lacks probative value. Interrogation methods and activities are not disclosed, sometimes even to the military commission judge, thereby making it nearly impossible to demonstrate that a particular statement is the product of abuse.

Critics of the military commissions are not limited to human rights advocates. Many critics also include those inside the system. Four military commission prosecutors have resigned in protest because of flaws in the proceedings. The government should try suspected terrorists in civilian criminal courts or by courts-martial, using proven rules of the federal criminal justice system or the Uniform Code of Military Justice, which reject the use of coerced evidence, protect national security, and ensure a fundamentally fair trial."

"Report from Guantanamo" features regular contributions to JURIST Hotline from Human Rights First.