|
US official denies promissory note to Ghailani`s mother
2008-10-09 13:11:02
By Rose Mwalongo
The US government has said no member of the U.S. Federal Bureau of Investigation (FBI), or any other U.S. government agency, promised to fly to the US, Bimkubwa Abdallah, mother of Ahmed Ghailani suspected of bombing the US embassies in Dar es Salaam and Nairobi in 1998.
In an interview with the Guardian, Bimkubwa alleged that she was told by an FBI official that the US government would cover her travelling costs to enable her attend the proceedings of her sons case which began in Florida last week.
She said she has had no reliable communication with him and that letters sent to her through the International Committee of Red Cross reached her long after they were written.
Bimkubwa said after failing to secure the US government help, she asked for help from the Tanzanian government, but her efforts proved futile.
However the Public Affairs Officer for the US embassy in Dar es Salaam Jeffery Salaiz said: Bimkubwa is wrong to state that the U.S. government lied to her. No member of the U.S. Federal Bureau of Investigation (FBI), or any other U.S. government agency, promised Abdallah travel to the U.S. to participate in the military commission reviewing Ghailanis case.
The US further clarified that Military commissions, a traditional tool for trying individuals suspected of war crimes that have been used in conflicts from the Revolutionary War to World War II, are recognised under the law of war, as well as under U.S. domestic law.
Of the 275 detainees at Guantanamo, approximately 80 are expected to face trial by a military commission. Each military commission consists of a military judge, who rules on all questions of law including the admissibility of evidence, and at least five members who would be referred to as jurors in a civilian court, said the US government official.
Clarifying further he said the accused are presumed innocent of any criminal charges unless proven guilty beyond reasonable doubt at a military commission.
A finding of guilt and imposition of a sentence requires a 2/3 majority of the military commission members. As mentioned in media reports, Ghailani will not be facing the death penalty, he clarified.
According to the US, under the Military Commissions Act of 2006, the accused have the right to remain silent, have representation by counsel to examine all evidence used against them by the prosecution and to obtain evidence and call witnesses.
Other rights as stated by the US are to cross-examine every witness called by the prosecution to be present during presentation of evidence and to have a military commission panel of at least five military members determine guilt by a 2/3 majority, or in the case of a capital offence, a unanimous decision of a military commission composed of at least 12 members.
The accused has the right to appeal to the Court of Military Commission Review, then through the U.S. Court of Appeals in the D.C. Circuit to the U.S. Supreme Court, said the US.
The US official said the media reports indicate that Ghailani freely admits that he played a role in providing the explosives used in the 1998 attack against the U.S. Embassy in Dar es Salaam that resulted in the murder of 10 Tanzanians and one Somali citizen.
Commenting on the issue, a lawyer with the Legal and Human Rights Centre (LHRC) Clarence Kipobota said FBI should ensure that Ghailani receives fair trial.
He mentioned one of the criteria for a fair trial as making sure that he was given the chance to meet his relatives to prepare him psychologically for the hearing.
The Convention of Civil and Political Rights gives the detainee right to be visited by relatives and a lawyer.
This is a universal act. In this case the mother should have been given first priority to witness the hearing, said Kipobota.
Kipobota said the principle of criminal law states clearly that a suspect should be charged in the country where he was arrested, adding that the only cases which called for universal jurisdiction were crimes against humanity, war crimes and genocide.
Terrorism does not call for a suspect to be charged out of the country. Even so, there are reports that he will be charged in a court martial, a place where combatants are charged, said Kipobota.
He said the law states clearly that civilians should not be tried at military tribunals like the court martial, adding: The government should be accountable to oversee the welfare of its citizens and to ensure they are treated fairly wherever they are.
Ghailani has been in detention for the last five years.
|
