Nearly seven years after Sept. 11, those allegedly responsible for planning the attacks will finally be brought to trial after the U.S. government brought a total of 169 charges against six Guantánamo Bay prisoners this week.
The men are accused of murder and war crimes for allegedly helping to plan and execute the Sept. 11 attacks. Brigadier General Thomas Hartmann announced yesterday that the government will seek the death penalty for the accused men, and CIA Director Michael Hayden called this a "crucial milestone in the road to justice for the victims of 9/11."
But the prisoners at Guantánamo Bay have already been treated with such little regard for justice that it is hard take the government seriously when it claims that justice is what it seeks. While the trial is without doubt a milestone, it may be one on the slippery slope the detainee program has created for American civil liberties.
For if the administration truly wanted justice, it would not have condoned the holding of prisoners, even those accused of terrorism, for extended periods without trial. Justice does not include the torture methods that were used in Guantanamo, such as waterboarding, that are illegal according to international law.
What was done at Guantánamo was done out of sight, and therefore out of mind, for most Americans. But if what we really want is justice for these men, it is extremely important that we pay attention now to ensure that their trial is fair.
Details about how the proceedings will take place are scarce at this point. According to the Associated Press, the prisoners will be tried simultaneously in a cavernous, windowless courthouse in Cuba. The jury will consist not of their peers, but of a military panel with at least 12 officers. And while statements obtained through torture will not be admitted, those obtained through coercion before January 2005 may be allowed by the military judge.
As we seek retribution on those who wronged America on Sept. 11, 2001, we should do so with high regard for the very principles of justice they sought to destroy. Students at Tufts - and Americans nationwide - should be sure to keep their eyes on this trial. And if they feel that justice is not being done, they should speak out with their voices, pens and keyboards.
If the accused committed the crimes of which they are accused, we have no doubt that they will be found guilty and made to pay dearly. But as hard as it will be to give the potential planners of the Sept. 11 attacks the benefit of the doubt, we must, for those are the ideals that have made our country great.
