Guantanamo Bay: Balancing national security, free press, fair trial says Brigadier General Martins

Military Commission Act of 2009 has better access to counsel, sentence appeals.

GUANTANAMO BAY: Office of Military Commissions’ Chief Prosecutor Army Brigadier General Mark Martins says that under the Military Commissions Act of 2009, “statements [by detainees] that are admitted (are) to be voluntary and it precludes admission of statements issued after torture or cruel and inhumane treatment.”

However, he added that in some circumstances, these excluded point of arrest developments – for example, if an accused was not read a Miranda warning at the time of his arrest.

At a media briefing held at the media operations center in Guantanamo Bay, the Chief Prosecutor, who assumed office in June this year, said that the proceedings required transparency, “but there are items that cannot be disclosed for security reason, which include troop movements, intelligence gathering, information about terrorist organisations and their affiliations.”

In response to a question, Brig. Gen Martins added, "We’re balancing important interests here – free press, fair trial and national security".

He said that the United States’ secrets were not an open book. However, he said that the reason for excluding information must be based on law, “that reason cannot be that something is embarrassing…someone has to mind the minders.”

Under the new law, individuals accused of crimes at Guantanamo Bay are subject to the Military Commissions Act of 2009. Each military commission is headed by a military judge and has, according to the regulations, at least five members. In a handout provided to the press, “Each case which includes a guilty verdict is referred to the US Court of military commission review. After court of military commission review makes its decision, either party may appeal further to the US court of appeals. A Supreme Court may then review by right of certiorari the judgement of the court of appeals.”

In the briefing, the Chief Prosecutor of the OMC also outlined the arraignment process and how the accused had the right to a counsel, and in cases of serious nature, the government would pay for a counsel well-versed in matters of capital punishment. However, he did not fully elaborate on whether mistreatment at the hands, for example the CIA, or intermediatary detainers would come up in these discussions, “Mitigating factors may come into play during discussions.”

One of Guantanamo Bay inmates, Abd-al-Rahim-al-Nashiri, accused of masterminding the USS Cole attack in 2000, is scheduled to have his arraignment hearing on Wednesday at Guantanamo Bay.

Al Nashiri's case will also be reflective of how the Obama Administration proceeds with cases under the new Military Commission Act of 2009 as opposed to cases held under the previous rules of the Bush Administration.

Correction: Due to an editing error, an earlier version of this post incorrectly stated that Brigadier General Martins had said "free trial" in the headline. The error is regretted.