Boycott of Guantanamo Military Commissions

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Boycott of Guantanamo Military Commissions - Wikipedia

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The sign waved by Ali al-Bahlul declaring a boycott at his 2006 hearing

In 2006, after charges were laid against a number of detainees held in the Guantanamo Bay detention camps, a boycott against the judicial hearings was declared by Ali al-Bahlul. The boycott gained momentum in 2008 when more detainees faced Guantanamo military commissions

The boycott has threatened the future of the tribunals, and reduced the credibility of the Military Commissions Act of 2006 as prisoners have resolved not to cooperate or recognise the American military proceedings, amidst claims that the tribunals were not impartial, the detainees had been abused or tortured into giving false confessions, and would find each detainee "Guilty" regardless of the facts.^[1] Public confidence in the fairness of the trials reached all-time lows after the boycotts began.^[2]

Organised by the detainees themselves, American military defence attorneys have blamed peer pressure for convincing other prisoners to join the process.^[1]

Six of the charged prisoners have appeared before a judge in 2008, and five of them declared their intentions to boycott the proceedings. The Canadian Omar Khadr, accused of throwing a grenade when he was 15 years old, is the only detainee facing charges who is not currently boycotting the hearings, as his lawyers have stressed this shows that he is not a threat and will "play by the rules" if released.^[1] He was, however, a former member of the boycott, announcing his intentions to boycott in March 2006.^[3]

Detainees facing charges who have joined the boycott

Ali Hamza Ahmad Sulayman al-Bahlul, accused of making videos glorifying al-Qaeda attacks^[1]
Mohamed Jawad, accused of throwing a grenade when he was 17 years old^[1]
Salim Hamdan, accused of acting as a chauffeur to Osama bin Laden, announced his boycott on April 29, 2008, after years of cooperation, stating that "America tells the whole world that it has freedom and justice. I do not see that...There are almost 100 detainees here. We do not see any rights. You do not give us the least bit of humanity...Give me a just court...Try me with a just law."^[2]

References

^ ^a ^b ^c ^d ^e Melia, Michael. Associated Press, "Guantanamo detainees spread word to boycott trials", May 9, 2008
^ ^a ^b Colson, Deborah. Human Rights First, Another Boycott at Guantánamo, Another Test for the Military Commission System, April 30, 2008
^ Khadr vows boycott as shouts rock U.S. court Archived 2011-06-07 at the Wayback Machine, Toronto Star, April 6, 2006

v t e Detainees who faced charges before the Guantanamo military commission
February 2004 charges	Ali Hamza al-Bahlul (conspiracy) Ibrahim al Qosi (conspiracy)
August 2004 charges	David Hicks (charges withdrawn in 2012)
November 2005 charges	Omar Khadr (murder in violation of laws of war) Sufyian Barhoumi (charges withdrawn in 2008) Ghassan al-Sharbi (charges withdrawn in 2008) Jabran al-Qahtani (charges withdrawn in 2008) / Binyam Mohamed (charges withdrawn in 2012)
January 2006 charges	Abdul Zahir
June 2006 ruling	All tribunals are cancelled, following Supreme Court ruling in Hamdan v. Rumsfeld that Military Commissions were unconstitutional. Future charges are under the Military Commissions Act of 2006.
February 2007	David Hicks (charges withdrawn in 2012) Omar Khadr (throwing grenade) Salim Hamdan (charges withdrawn in 2012)
October 2007 charges	Mohamed Jawad (charges withdrawn in 2009)
January 2008 charges	Ahmed al-Darbi (conspiracy and providing support)
February 2008 charges	Khalid Sheikh Mohammed (first degree murder) Walid bin Attash (conspiracy) Ammar al-Baluchi (providing support) Ramzi bin al-Shibh (providing support) Mustafa al-Hawsawi (providing support) Mohammed al-Qahtani (charges withdrawn in 2008) Ibrahim al Qosi
March 2008 charges	Ahmed Ghailani (embassy bombings)
May 2008 charges	Noor Uthman Muhammed (charges withdrawn in 2015) Sufyian Barhoumi (charges withdrawn in 2008) Mohammed Kamin (charges withdrawn in 2009) Jabran al-Qahtani (charges withdrawn in 2008)
June 2008 charges	Mohammed Hashim (charges withdrawn) / Binyam Mohamed (charges withdrawn in 2012)
July 2008 charges	Abdul Ghani (charges withdrawn)
September 2008 charges	Obaidullah (charges withdrawn in 2011)
October 2008 charges	Fouad Mahmoud al Rabiah (charges withdrawn in 2009)
December 2008 charges	Tariq al-Sawah (charges withdrawn in 2012) Abd al-Rahim al-Nashiri (USS Cole bombing)

v t e Controversies surrounding people captured during the War on Terror
Guantanamo Bay detention camp	Suicide attempts Human rights violations Quran desecration controversy Boycott of military tribunals Former captives alleged to have (re)joined insurgency Hunger strikes Force feeding Homicide accusations Juvenile prisoners Seton Hall reports
CIA black site operations	Enhanced interrogation techniques Ghost detainees Waterboarding Destruction of interrogation tapes Music torture
Prison and detainee abuse	Abu Ghraib Bagram Canadian Afghan detainee issue Black jail Salt Pit Bruce Jessen James Elmer Mitchell Operating Base Ripley
Prison uprisings and escapes	Battle of Qala-i-Jangi Battle of Abu Ghraib 2008 Sarposa Prison mass escape Basra prison incident Afghan escapes Iraqi escapes
Deaths in custody	Dilawar Jamal Nasser Abdul Wahid Habibullah Abed Hamed Mowhoush Manadel al-Jamadi Nagem Hatab Baha Mousa Fashad Mohamed Muhammad Zaidan Gul Rahman Abdul Wali Dasht-i-Leili massacre
Tortured	Abu Zubaydah Mohamedou Ould Salahi Mohammed al-Qahtani Khalid Sheikh Mohammed Abd al-Rahim al-Nashiri Binyam Mohamed Khalid El-Masri
Forced disappearances	Ibn al-Shaykh al-Libi Abdu Ali al Haji Sharqawi Mohammed Omar Abdel-Rahman Tariq Mahmood Hassan Ghul Musaad Aruchi Hiwa Abdul Rahman Rashul
Reports and legal developments	Ryder Report Fay Report Taguba Report Church Report Detainee Treatment Act Hamdan v. Rumsfeld Military Commissions Act of 2006 Senate Armed Services Committee Report Senate Intelligence Committee report on CIA torture
Related media	The Road to Guantánamo Taxi to the Dark Side Standard Operating Procedure Torturing Democracy Enemy Combatant The Report

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