Major Frakt and Dennis Edney struggling for Justice at Guantanamo Bay

As a small postscript to the curious legal process that the illiterate Afghan Mohammed Jawad is currently enduring after 7 years imprisonment, Omar Ha-Redeye blogs on August 24th, 2008 at Slaw.ca a cooperative Canadian weblog on things legal , about meeting with Major Frakt who acts as Mohammed's defence counsel.

For reasons unexplained, Omar had breakfast yesterday with Major Frakt and Dennis Eadey a defence lawyer from Edmonton, Alberta.

Major Frakt (B.A. summa cum laude, University of California, Irvine, History,1990; J.D. cum laude, Harvard Law School 1994) is also currently a faculty member at Western State University, Dennis Edney represents the only Canadian citizen at Guantanamo, Omar Khadr. (another story again)

Over coffee and croissants Frakt outlined the odd legal blackhole created at Guantanamo. Two-thirds of the inmates (?) won't ever be charged (because there is nothing to charge them with) and in this curious Alice in Wonderland of Mr John Yoo, cannot therefore effectively challenge their detention in any way. See post Thursday, June 19, 2008 Smelling the coffee..how the Famous Five lawyers of the "War Council" ripped up the United States obligations under the Geneva Conventions - and a long, long time ago Tuesday, December 06, 2005 Yoo. Who? ... Lawyers at War - No uniforms, no guns, but some great ideas

For the remaining third, their defence involves immense problems related to discovery, the limit counsel have to access of scret "evidence" which prevents counsel from providing and sensible, rational or effective representation.

In the absence of a corpus of common law, the lawyers have the difficulty of not having any precedent to draw from - the judges and the courts are basically making it up as they go along.

Frakt choked up with emotion when describing his cleint's position. Despite not believing in suicide as a moral option, Jawad had considered it to escape the horrors of his situation.

Edney provided more information on the conditions the "rendered suspects" had to endure.

When being transported, they were not given any food for three days… They were given water only for a day and a half, just enough to sustain their bodies… the reason was so they did not use the toilet while in transit.

Edney was quite clear that Canada was complicit in this abuse, and did not allow Harper any reprieve for his inaction. He is currently bringing a suit against him for it (n.b., he does hold Liberals just as responsible).

The Canadian Bar Association has come out in support of this issue

Edney raised concern about the way , in January 2007 Deputy Assistant Secretary of Defense Charles "Cully" Stimson threatened corporate lawyers who agree to defend the men and boys imprisoned at Gunatanamo Bay. Flashing a list of corporations that use law firms doing this pro bono work, Stimson declared, "Corporate C.E.O.'s seeing this should ask firms to choose between lucrative retainers and representing terrorists."

For more on his activities see post Saturday, February 03, 2007 "Cully" Stimson not only a cunt - now he's quit. also Saturday, January 13, 2007 Cully Stimson - why is this cunt still in a job ?

From smug bastard to sore loser in 2 weeks - and it was ..."his own decision to resign and he was not asked to leave by Defense Secretary Robert Gates." Ho.Ho.Ho.