By Erica Laster
Impunity Watch Reporter, North America

NEW YORK, United States –The first trial of a Guantanamo Bay detainee in civilian court resulted in a verdict of not guilty on all but one of 285 charges.   Ahmed Ghailani, a Tanzanian native, was charged with conspiracy, terrorism and murder charges relating to the 1998 attacks on two United States embassies.  Despite being convicted of only one charge, Ghailani faces a prison term of 20 years to life.

Many who have criticized the use of civilian courts in handling the prosecution of Guantanamo Bay detainees and Al Qaeda terrorists are not surprised at the oLast week, former Liberian president Charles Taylor’s defense counsel rested their case in his trial before the Special Court of Sierra Leone at The Hague.  Taylor was indicted by the Court in 2003 under allegations that he promoted an eleven year civil war in Sierra Leone that led to wide spread violence in which thousands of people were victim to rape, enslavement, torture and murder outcome.

A former Islamic cleric, Ghailani was captured in 2004 in Pakistan.  Since then he has been held and transferred to many high security detention centers.  Ghailani argued that he was an unwitting participant in the bombings while being tried by military commission at Guantanamo Bay in 2007 in connection with the bombings.

The Former Commander of the USS Cole, Kirk Lippold, commented that “One of 285 counts is not exactly a track record for a prosecution team to be proud of….This case sends a clear and unmistakable signal about using civilian courts: It didn’t work.”

Peter King, a Republic member of the Homeland Security Committee, expressed that he was “disgusted at the total miscarriage of justice today in Manhattan’s federal civilian court.”

Others have different beliefs.  Human rights activists view the decision as a vindication of their support for the use of civilian courts rather than military courts in trying Guantanamo Bay detainees.

Human Rights Watch Director Tom Malinowski hopes “the conclusion people draw from this is that this is the way to get swift and sure justice.”  He further concluded that “the only difference is that in this courtroom, Ghailani was convicted with legitimacy and finality.”

Mason Clutter, counsel for the Rule of Law Program at the Constitution Project believes that “the system worked here.  I don’t think we judge success based on the number of convictions that were received.  I think we judge success based on fair prosecutions consistent with the Constitution and the rule of law.”

Still, despite many advocates of military trials emphasizing the high security costs, defendant grandstanding and the risk of revealing classified information, others believe civilian courts pose a great tool for the future.

Despite the support, Attorney General Eric H. Holder Jr. revoked his November 2009 decision to prosecute Khalid Sheikh Mohammed and four other conspirators accused of participating in the September 11, 2001 using a federal court in New York.

Two terrorism suspects have pled guilty in the last year at Guantanamo Bay before military commissions.  Two other terrorism suspects pled guilty in federal court: Najibullah Zazi, who plotted to blow up New York subways, and Faisal Shahzad, for the attempted bombing of Times Square.

For More Information Please Visit –

Washington Post – Ahmed Ghailani, Gitmo detainee, acquited of all but 1 charge in N.Y. – 18 November 2010

New York TImes – Terror Suspect Tests Obama’s Strategy on Detainees – 18 November 2010

CNN – Landmark Terrorism Trial Ends In Acquittal On All But 1 Count – 18 November 2010