USA: Shadow over justice: Absence of accountability and remedy casts shadow over opening of trial of former secret detainee accused in embassy bombings

Report
October 1, 2010

USA: Shadow over justice: Absence of accountability and remedy casts shadow over opening of trial of former secret detainee accused in embassy bombings

11 Remarks to the UN Security Council meeting on threats to international peace and security, US Secretary of State Hillary Clinton, United Nations Headquarters, New York City, 27 September 2010, http://www.state.gov/secretary/rm/2010/09/148057.htm

12 See International Covenant on Civil and Political Rights, article 14(3)(c), and Human Rights Committee, General Comment no. 32 (2007), paras 27, 35 and 61.

13 According to an FBI agent involved, the four co-defendants had been “brought expeditiously to the Southern District upon arrest”. USA v. Ghailani, Declaration of Special Agent Philip A. Swabsin, 10 December 2009.

14 United States of America v. Ahmed Khalfan Ghailani, Memorandum of law in opposition to defendant Ahmed Khalfan Ghailani’s motion to dismiss the indictment due to the denial of his constitutional right to a speedy trial. December 2009.

15 USA: Doctrine of pervasive ‘war’ continues to undermine human rights. A reflection on the ninth anniversary of the AUMF, 15 September 2010, http://www.amnesty.org/en/library/info/AMR51/085/2010/en.

16 Precisely which authorities carried out the arrest remains classified Top Secret. Contemporaneous reports of the arrest indicate that the arrest at the house in Gujarat in which Ahmed Ghailani was living was the result of a joint Paskistan/US intelligence operation and was carried out by Pakistan police after a shootout of several hours. The Pakistan Interior Minister was quoted at the time as saying that, Ahmed Ghailani would be interrogated in Pakistani custody “to our satisfaction before handing him over to the US for the trial”. Pakistan holds top Al Qaeda suspect, Washington Post, 30 July 2004.

17 See No death penalty for former secret detainee. Further information on Amnesty International Urgent Action, 8 October 2009, http://www.amnesty.org/en/library/info/AMR51/110/2009/en