Enemy Combatant’s Coercion Claims Likely to be Aired in Civilian Trial
A terrorism suspect held in a military brig for nearly six years as an enemy combatant will now get a chance to defend himself in civilian court—and to air his claims of coercion.
Ali Saleh Kahlah al-Marri, accused of being an al-Qaida sleeper agent, has claimed he was subjected to painful stress positions, extreme sensory deprivation and violent threats when he was held in the South Carolina brig, the Washington Post reports. He also claims he was denied access to lawyers.
The issues in al-Marri’s case show how difficult it would be to try Guantanamo detainees in federal courthouses, according to the Post story. “Much of the evidence is classified, and key witnesses are reluctant to testify,” the story says. “Government secrets can be spilled. Litigation can be expensive and stretch for years. Security is a nightmare.”
President Obama has vowed to close the Guantanamo facility, but has not announced plans for handling the terrorism suspects housed there.
Al-Marri’s lawyers had obtained a review of his case with the U.S. Supreme Court, but today the justices dismissed the appeal as moot because of his recent civilian indictment. Al-Marri, who was arrested while living legally in the United States, was arguing he could not be held indefinitely without charges. The high court also vacated a federal appeals court decision upholding the president’s power to detain al-Marri.
