"Guantanamo 'Changes Too Little, Too Late,'" by Jane Sutton - Reuters (Miami), 12 February 2007
MIAMI (Reuters) - New U.S. rules for war crimes tribunals at Guantanamo fail to correct fundamental flaws that are undermining Western efforts to defeat global terrorism, the government's top lawyer said on Monday.
"The changes made are too little and too late," Lord Goldsmith, attorney general and a longtime critic of the Guantanamo detention operation, told a meeting of the American Bar Association in Miami.
The U.S. Congress revised the tribunal system to try foreign suspected terrorists at Guantanamo last year after the U.S. Supreme Court struck down the original system created by U.S. President George W. Bush.
Goldsmith said he welcomed some of the changes, such as the decision not to use secret evidence that would not be shown to the accused, but that they did not go far enough to ensure fair trials.
Guantanamo remains a powerful symbol of injustice that not only hurts the United States' image but undermines international efforts to win the ideological war against global extremism, Goldsmith said....
The Miami Herald has printed a transcript of Lord Goldsmith's remarks:
"Transcript: Lord Goldsmith to ABA" - the Miami Herald, 12 February 2007
...my view of the original Military Commissions for those detained at Guantánamo Bay are well known. Charged with my Prime Minister with considering whether they provided appropriate and sufficient guarantees of a fair trial I considered the rules and regulations in detail over a period of months in the summer and fall of 2003. My clear conclusion was that the Military Commissions did not provide such guarantees. I advised that we should not allow our citizens to stand trial in such circumstances and insisted that they be returned to the UK -- which ultimately they were.
I am aware of the changes that have now been made, following the Military Commissions Act signed into law late last year. I welcome some of the changes made -- such as the removal of the possibility that detainees would be convicted on the basis of evidence heard in secret and that they had not seen or had a chance to contradict; and the amendments made in Senate to exclude evidence obtained by torture -- though there remain some definitional questions of importance. But I am aware of criticisms that remain: of a law which treats aliens in a different way from American citizens; that still allows coerced evidence to be used in certain cases; that excludes the application of habeas corpus. And others. Some -- perhaps all of these -- will be the subject of further courtchallenges.
But, it would be misleading if I did not tell you my own view. I have previously stated my view that Guantánamo Bay is unacceptable and should close; it is a symbol of injustice that the long tradition of American justice and liberty ought to see removed at the earliest moment. I have not changed my view. The changes made are too little and too late. There remain fundamental problems with this system of detention. And the symbol remains.
In saying this, I am conscious that some will say that this is not for an outsider to say. That this is America's decision. I have increasingly been of the view that this is not so. I should explain why.
The struggle against global extremism and terrorism is one that ultimately we will not win by conventional means alone. We increasingly recognize in the United Kingdom that we will only win in the end if we can win the battle for ideas and values. We need to win this struggle at the level of values as much as force. In a major speech given in Los Angeles at last summer, Prime Minister Tony Blair said that to win the war of values we must show that ''our values are stronger, better and more just, more fair than the alternative'' and that ``we are even handed, fair and just in our application of those values to the world.''
We have to show, against an al Qaeda narrative that all that the West does is designed to oppress Muslims, our values are actually those of justice, tough and fearless but fair, and of equality; of the democratic way of life; of the rule of law and of freedom. The presence of Guantánamo makes it so much more difficult to do this. For all of us....
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