Fifteen years on from the September 11 attacks, the trial of five men alleged to have planned the terror attack has not yet begun. These defendants were apprehended at the turn of the millennium, and are subjected to a legal trial at Guantánamo Bay which has serious obstacles stretching from torture charges to practical complications. Even as the case progresses step by step, the main question remains, whether justice would ever be delivered to one of the worst acts of terrorism in American history.
The decision to seek the trial of all five defendants jointly has led to a major delay in the trial. Initially accused as a group, changes that will affect one defendant in some way will affect the whole case. The recent, case in point, is the severance of Ramzi bin al-Shibh’s case due to mental incompetence. However, three defendants received life sentences, reaching plea bargains that were later voided by Defense Secretary Lloyd J. Austin III leaving the legal situation even more unclear.
Pretrial motions have been filled with torture allegations with defense attorneys challenging the legitimacy of evidence derived from torture. Efforts to hide information by the CIA and its secret detention program have resulted in many postponements and legal proceedings because both are still in a struggle for obscure deeds.
Guantánamo Bay faces several problems because the base is situated far away from the mainland United States. This is because most participants in the court’s activities travel to it, and then leave immediately after the hearings. Delays are caused by things such as weather conditions, security measures as well as the fact that the military undergoes frequent transfers. Structurally, deteriorating buildings are rampant, and the lack of healthcare products has precipitated hearing cancellations as a result of emergencies.
The court’s isolation makes it especially susceptible to such a threat: due to the COVID-19 pandemic, the court ceased its work for 500 days. This is a capital case meaning that the preparation for the trial will take a long time and defense lawyers will use all legal tools to prevent their clients from getting the death penalty. Added to this are the many challenges that surround the case and the regional complexities that more often than not tend to make it very long and obscure for the victims to get justice.
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