6/24/2008: Security News Brief: Tribunals Will Continue at Guantanamo:

WASHINGTON (AFP) - Hearings for terror suspects before US military
tribunals in Guantanamo are going ahead despite a Supreme Court ruling
that affirmed detainees have a right to challenge their detention in a
civilian court.

Legal experts had described the high court's decision as the death
knell of the special tribunals created by President George W. Bush and
his Republican allies in Congress to try "war on terror" suspects.

But Justice Department chief Michael Mukasey said the controversial
tribunals at the US naval base in Guantanamo Bay, Cuba would continue
their work and last week, two preliminary hearings were held as
scheduled.

The hearings focused on Omar Khadr, a Canadian, and Mohammed Jawad, an
Afghan, both detained in Afghanistan for having allegedly thrown
grenades when they were still teenagers.

Jawad, whose trial date was set for October 8, reportedly used his
hearing to denounce his treatment, alleging during a two-week period
US guards changed his cell every two hours to prevent him from
sleeping, a technique dubbed the "frequent flyer-program."

Meanwhile a three-judge panel in federal court on Friday declined to
intervene in the Khadr case in an appeal that focused on a procedural
dispute.

The decision though does not preclude federal judges from wading
directly into the tribunal trials in Guantanamo following the Supreme
Court's ruling, which rejected the government's assertion that the
detainees lack habeas corpus rights.

The US Court of Appeals for the US capital on Monday ruled that
Chinese prisoner Huzaifa Parhat, of the Chinese Muslim Uighur
minority, is not an enemy combatant and has the right to seek his
release from custody at Guantanamo.

Parhat's release, however, was not expected any time soon since the
appeals court said the Pentagon could hold a new tribunal on his
status, which observers deemed likely.

Details of the decision were not immediately available because it
involved classified information, according to the appeals court
statement.

Although no trial has begun in earnest at the Guantanamo naval base,
19 detainees have been charged and "there will be more coming in the
not too distant future," said Joe DellaVedova of the office of
military commissions.

"The military commissions process continues to move forward, in a
fair, open and transparent manner," he said.

Among those already charged are several suspects who allegedly planned
the September 11 attacks, as well as Al-Qaeda militants accused of
having fired rockets in the vicinity of US troops in Afghanistan or
having undergone training in the use of explosives.

The first tribunal trial is scheduled to start on July 21 in a newly
set up "portable" courtroom to try Salim Hamdan, a Yemeni who worked
as a driver and bodyguard for Osama bin Laden.

The judge in the case, Captain Keith Allred, has scheduled a hearing
for July 14 that will likely offer a chance to assess the consequences
of the landmark Supreme Court ruling for the tribunals.

The fallout from the high court's ruling is still unclear.

The justices concluded that the naval base in Guantanamo Bay,
officially on Cuban territory, can be treated as US territory where
rights enshrined in the US Constitution must be respected.

But it remains an open question if inmates enjoy all rights named in
the constitution or only certain fundamental rights.
Source: Morning Security News Brief via Internal Company News Wire