Concern for detainees

Published 9:00 pm Friday, December 12, 2003

WASHINGTON — U.S. Sen. Maria Cantwell says she is concerned about "arbitrary" delays in trials for terror suspects imprisoned at Guantanamo Bay, Cuba.

Cantwell, D-Wash., returned to Seattle on Thursday, a day after she and Republican Sens. John McCain of Arizona and Lindsey Graham of South Carolina visited the American military base in eastern Cuba.

In a conference call with reporters, Cantwell said she agreed with complaints by McCain and Graham about the length of time it takes to get cases heard at Guantanamo, where after nearly two years the military has allowed just one detainee to meet with lawyers.

"My concern is that the process not be arbitrary," Cantwell said. "I think the United States obviously wants to fight the war on terrorism and be a beacon to the rest of the world on the rule of law."

To do that, she said, officials must "come up with a process that’s not arbitrary."

Specifically, Cantwell said the United States should establish a timetable to ensure that "military tribunals will happen in a reasonable amount of time and that (prisoners) will be granted reasonable access to an attorney."

The one-day stop by the three senators was the latest in a series of U.S. lawmaker visits to the base, where approximately 660 prisoners from 44 countries have until now been denied access to lawyers.

That situation was set to change as Stephen Kenny, a civilian lawyer representing Australian David Hicks, prepared to begin a five-day visit along with a military-appointed attorney.

Cantwell said conditions at the prison appeared adequate but expressed concern that no framework for speedy trials had been established.

"The important thing is for the military tribunals to take place and information be presented," she said, adding that there may be some cases in which no trial is needed.

"That’s all the more reason for the United States to have a clear understanding of the process and the rule of law," she said.

Cantwell said she was briefed on the case of a Muslim chaplain accused of mishandling classified information from the U.S. prison at Guantanamo.

Army Capt. James Yee, who previously served at Fort Lewis, is charged with mishandling classified information, as well as disobeying an order, making a false statement, adultery and storing pornography on his government computer.

His case was postponed this week to allow the Army to review documents that defense attorneys seek to have released.

Yee said he planned to ask for leave during the postponement to spend time with his family. His wife and children live in Olympia.

Cantwell said she asked questions about the case but did not advocate any specific action.

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