Paul Maley | November 05, 2008
A PROMISE by both presidential candidates to shut Guantanamo Bay will not stop alleged Bali bomber Hambali from facing trial, with prosecutors saying they are on track to charge the terror suspect by year's end.
The chief prosecutor of the US Military Commissions, Colonel Larry Morris, said the election could have some bearing on the future of the controversial terror jail, but he remained confident Hambali would be dealt with.
"I am not concerned he won't face justice," Colonel Morris told The Australian. "I am confident that he will face justice. But I only speak for the commission process -- I don't speak for the Government and I don't speak for the new administration."
Colonel Morris's assurances came as authorities in Indonesia put the final touches on plans to execute Amrozi, Ali Ghufron and Imam Samudra, who were convicted in 2003 of carrying out the Bali bombings, which killed 202 people including 88 Australians.
Colonel Morris said the US authorities were watching developments in Indonesia closely, but the execution of the bombers would not affect the preparations of prosecutors in the US.
Colonel Morris said a new US president might seek to draw a distinction between shutting down the Guantanamo prison and shutting down the military commission system by which the detainees are tried.
Such a distinction could be politically awkward for campaign favourite Barack Obama, who voted against the Military Commission Act, which redesigned the military tribunals following a US Supreme Court ruling that they were illegal.
It could also be awkward for Kevin Rudd, who strongly opposed the military commissions when in Opposition. Mr Rudd described them last year as a "travesty of justice" and called on the US to repatriate Australian David Hicks, the first person convicted under the new system, or try him in a civilian court.
The Prime Minister said yesterday he stood by those remarks.
"The Government stands by our long-held position supporting the closure of Guantanamo Bay as soon as is practicable," a spokesman for Mr Rudd said. "The closure is a complex issue, including satisfying legitimate security concerns of the US as well as of its friends and allies."
Hambali was captured in Thailand in 2003. In 2006, it was announced he had been moved to Guantanamo Bay, where he awaits trial with 13 other detainees, including alleged 9/11 plotter Khalid Shaikh Mohammed.
Colonel Morris declined to give details on what charges Hambali could face.
"All I can say now is violations of the laws of war," he said.
"We're in the final analysis of (the charges), but that's as much as I can say without contradicting myself at some later time."
A PROMISE by both presidential candidates to shut Guantanamo Bay will not stop alleged Bali bomber Hambali from facing trial, with prosecutors saying they are on track to charge the terror suspect by year's end.
The chief prosecutor of the US Military Commissions, Colonel Larry Morris, said the election could have some bearing on the future of the controversial terror jail, but he remained confident Hambali would be dealt with.
"I am not concerned he won't face justice," Colonel Morris told The Australian. "I am confident that he will face justice. But I only speak for the commission process -- I don't speak for the Government and I don't speak for the new administration."
Colonel Morris's assurances came as authorities in Indonesia put the final touches on plans to execute Amrozi, Ali Ghufron and Imam Samudra, who were convicted in 2003 of carrying out the Bali bombings, which killed 202 people including 88 Australians.
Colonel Morris said the US authorities were watching developments in Indonesia closely, but the execution of the bombers would not affect the preparations of prosecutors in the US.
Colonel Morris said a new US president might seek to draw a distinction between shutting down the Guantanamo prison and shutting down the military commission system by which the detainees are tried.
Such a distinction could be politically awkward for campaign favourite Barack Obama, who voted against the Military Commission Act, which redesigned the military tribunals following a US Supreme Court ruling that they were illegal.
It could also be awkward for Kevin Rudd, who strongly opposed the military commissions when in Opposition. Mr Rudd described them last year as a "travesty of justice" and called on the US to repatriate Australian David Hicks, the first person convicted under the new system, or try him in a civilian court.
The Prime Minister said yesterday he stood by those remarks.
"The Government stands by our long-held position supporting the closure of Guantanamo Bay as soon as is practicable," a spokesman for Mr Rudd said. "The closure is a complex issue, including satisfying legitimate security concerns of the US as well as of its friends and allies."
Hambali was captured in Thailand in 2003. In 2006, it was announced he had been moved to Guantanamo Bay, where he awaits trial with 13 other detainees, including alleged 9/11 plotter Khalid Shaikh Mohammed.
Colonel Morris declined to give details on what charges Hambali could face.
"All I can say now is violations of the laws of war," he said.
"We're in the final analysis of (the charges), but that's as much as I can say without contradicting myself at some later time."
Source: The Australian
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