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CCR Statement on Hamdan Decision

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CONTACT: press@ccrjustice.org

August 5, 2008, New York – In response to the hand-picked military jury’s decision in the Military Commission against Salim Ahmed Hamdan, Shayana Kadidal, Senior Managing Attorney of the Center for Constitutional Rights (CCR) Guantánamo Global Justice Initiative, issued the following statement:

“Hamdan’s trial violated two of the most fundamental criminal justice principles accepted by all developed nations:  the prohibition on the use of coerced evidence and the prohibition on retroactive criminal laws.

The trial will not create finality – the decision to keep these cases out of the ordinary criminal courts will produce years of appeals over novel legal issues raised by the untested military commissions system. Even after those appeals are finished, the process will never be seen as legitimate by the world.  This case was the first trial run of the commissions system, and the decision proves nothing except that the system itself should be scrapped. Terrorism-related crimes should be tried in the time-tested domestic criminal justice system, a system whose rules have been designed over the centuries with one goal: to seek out the truth.”

CCR has led the legal battle over Guantanamo for the last six years – sending the first ever habeas attorney to the base and sending the first attorney to meet with a former CIA “ghost detainee” there. CCR has been responsible for organizing and coordinating more than 500 pro bono lawyers across the country in order to represent the men at Guantanamo, ensuring that nearly all have the option of legal representation. CCR represented the detainees with co-counsel in the most recent argument before the Supreme Court.  For more information or to read the amicus brief filed by CCR in Hamdan v. Rumsfeld, see the Hamdan v. Rumsfeld case page.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.