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Osama bin Laden’s former driver was sentenced to less than six years in prison last night, an extraordinarily light sentence and the latest blow to the Bush Administration’s efforts to justify its highly controversial military tribunal system at Guantanamo Bay.
The sentence of five-and-a-half years for Salim Hamdan, handed down by a jury of US military officers in the first war-crimes tribunal to be held at Guantanamo Bay, fell far short of the 30 years incarceration sought by Bush Administration lawyers and means that the Yemeni is eligible for release in just five months.
As soon as the sentence was issued, however, the Pentagon made it clear that it had no intention of releasing Hamdan. It says that it retains the right to keep him in prison for an indefinite period because he has been classed as an “unlawful enemy combatant”.
Such intransigence in the face of last night’s sentence handed down by an all-military jury with rules of evidence that favoured the prosecution will bolster the case made by civil rights groups, and much of the international community, that holding Guantanamo Bay detainees indefinitely is unjustifiable, particularly after they have been tried. With Mr Bush leaving office in six months the problem of what to do with Hamdan — and the other detainees — will fall to his successor.
The sentencing hearing came after Hamdan was convicted on Wednesday of providing support to al-Qaeda, but was acquitted of the more serious charge of conspiring to attack civilians. It was a verdict that meant that the Administration was unable to prove that he had helped to plot and carry out attacks.
Before the sentence Hamdan expressed sorrow and apologised over innocents killed — an apparent reference to the September 11, 2001 terror attacks. He appealed for leniency in the first US war crimes trial since the Second World War.
Wearing a charcoal sports coat and white turban, Hamdan, speaking in Arabic, said through an interpreter: “It was a sorry or sad thing to see innocent people killed. I personally present my apologies to them if anything what I did have caused them pain.”
When the verdict was handed down by the six-member jury, he said: “I would like to apologise one more time to all the members and I would like to thank you for what you have done for me.”
The military judge told Hamdan: “I hope the day comes that you return to your wife and daughters and your country, and you’re able to be a provider, a father and a husband in the best sense of all those terms.
Hamdan responded: “God willing.” Prosecutors had insisted that he remained a dangerous man and that he should get at least 30 years behind bars for his work for bin Laden, who remains at large nearly seven years after the worst terrorist strikes on US soil.
Before the jury began to confer, defence lawyers said that Hamdan posed no danger as a former driver, regretted his links to bin Laden and suggested that he should be sentenced to no more than 45 months.
“He made a series of bad decisions,” Charles Swift, his defence attorney, said. “Looking back they are terrible decisions.”
Hamdan, believed to be 40, was arrested at a roadblock in Afghanistan in November 2001. He had two surface-to-air missiles in the car. The prosecution said that between 1998 and 2001 he had delivered weapons for al-Qaeda and was part of the inner circle of bin Laden.
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Why don't they concentrate on catching real criminals, rather than persecuting the Motorist?
Clare Hall, Cambridge, UK
One of the main reasons for America war of independence was habeas corpus, or the lack of it under British rule. How does America justify the removal of the same rights for people held by the USA. It is even more pathetic that most American do not even see to be aware of this.
Dominic, Southwark, UK
'...the Pentagon made it clear that it had no intention of releasing Hamdan. It says that it retains the right to keep him in prison for an indefinite period because he has been classed as an unlawful enemy combatant. '
An "indefinite" period, Bryan from Houston. That's more than six months.
David, London, UK
Plenty of my fellow American, and I, especially, as a lawyer, are appalled by this sham of justice. We must treat prisoners how we want our own citizens and soldiers to be treated. I sometimes feel we have turned into the Soviet Union -- spying on our own people and having show trials.
talisa, San Francisco, USA
And yet America seems mystified as to why it is despised by nine-tenths of the world.
John Lockett, Burnley, Lancashire
I'd rather they hunt down the guy who did my plumbing. What a mess!
Gary, Epping, Essex
Democracy....it's an illusion.
T, UK,
Zeitgeist is a movie, if you want to know more about the USA and its war raging machine watch it, its rulers are the ones we should be fighting, the ones that control the oil and guns used in wars.
ic, chiswick,
You people are missing the point. 66 months is 5 1/2 years, but he has already spent 5 years in custody. That leaves 6 months left. They are saying that he wont be released in 6 months.
Bryan, Houston , usa
Rather undermines Bush's recent criticisms of China.
paul, biggleswade, england
Fernandez of San Jose, If there's a war on why doesn't the US treat its Prisoners of war according to the Geneva convention?
Ian, Reading, UK
How dare Bush lecture China on freedom and democracy when the USA consistently abuses human rights?
Carl, London, UK
So what exactly was the point in having a trial and sentencing him in the first place??
This is the kind of thing you see Iran or Saudi doing, America demeans itself by stooping to this level.
Owen, London, UK
That is the Pentagon saying they do not accept the rule of the law. In effect, that they are the final arbiters of the rule of the law. That the United States of America is not a free country but instead a military dictatorship. There is no other way of describing this decision. The USA is not free.
Chris Coles, Medstead, Alton, United Kingdom
so this was one of the "hard core" terrorists that that we were led to beleive the US held in Gitmo by Rummy - even after incarceration, torture and a biased trail the US government glibly ignores the verdict - what a joke US democrazy, the freedom fanatics and the neoconmen have become.
Michael J, Leicester, UK
Caroline, London, UK
"A segment of the muslim population has declared war on our way of life"
You honestly still belive that rubbish, that they "hate our way of life", get a grip of your self Caroline! Stop peddeling the propergada our goverment tell you.
Educate and inform your self please!
Andrew, Durham, England
It is wholly unacceptable that a judgement rendered by a court of law set up by the USA is not followed by the USA.
If this stays, democracy is out.
Lydia , Camberley, uk
It leaves me speechless, that America and the Americans think that it is ok to detain these prisoners indefinitely. They squeal for their rights and freedom but what's good for the goose is not good for the gander in the US because I really don't see the US as much better than China for human rights
Matt, London,
America: The point is this...he may well deserve to do time as he had missles in his car and is linked to a terrorist group. I don't think people are complaining about that, it's the seven years in GB and the pointlessness of the sentence. Torture and biased trials are the issue here.
James Cullup, Oxford,
No doubt he should be grateful he got a defense lawyer.
Arthur, Newcastle,
what a total waste of time. Guilty or not, this man is to spend the rest of his life at Guantanamo Bay because US has got no place to send him to.
d, london,
Why should China have any regard for Bush's call for improvements in human rights when the US disregard them when it suits.
The US has lost the moral highground. I hope that they are able to regain it in the future.
Ray Harvey, Hitchin, uk
America has done more damage to itself and it's reputation in it's response to the 9/11 attacks than the terrorists themselves have.
In ignoring the rule of international law they are handing the terrorists a victory.
Guy, Erskine, Scotland
Lets hunt down Bin Ladens barber and the guy who did his plumbing.
Phil Ishmael, Liverpool,
"The bottom line is that he could poetically cause further terrorist attacks and should be detained indefinitely."
I could potentially lose my temper and ram my car into somebody. Should I therefore face a lifetime driving ban? Should I therefore be permanently sedated?
Lawrence, London, UK
The bottom line is that he could poetically cause further terrorist attacks and should be detained indefinitely.
Go USA
Shamdeep Mosala, Iraq,
"Despite being neither criminals entitled to a trial or legal combatants" Mike USA
Erm, Habeas corpus?
GT bay was built outside USA so that it could, unlawfully, circumnavigate its own constitution
Matt S, London,
Bruce, Fedup City, USA
You dont fight fire with fire!
They are a terrorist organisation, of course they dont realse prisionors, BUT Your a civilision nation that is SUPPOSED to be at the forefront of freedom and "democracy", yet you act like some rogue terrorist state.
Wake up son!
Marcus, Newcastle, England
The Americans were happy to fund terrorrism when it supported the IRS because it happened somewhere else i.e. the UK.
Now the boot is on the other foot and they are hopping mad.
Hey Ho.
Ken Wyatt, Todmorden, UK
The Pentagon is acting as if it were conducting a medieval'Renaissance witch trial: When Joan of Arc repented and was "forgiven" by the ecclesiastical court and "handed over" to the secular authorities, it turned out that she would STILL be incarcerated indefinitely... So much for progress.
Julia Iskandar, London, England
Jason, Porthmadog, Wales
Exactly Jason and it was the US President, Ronald Ragan that called them "freedom fighters", the Afghan Mujahadeen (now al-Qaeda and Taliban).
He also dedicated the launch of a space shuttle Columbia to these "freedom fighters", fighting the Russians in the 80's.
Andy, Boro, England, UK
this is what i see as democracy american style !!!!!
something all americans should be really and truly proud of!!!
ebbi britt, valencia, spain
There's a war on. He'll serve his sentence after it's over. - Fernandez, San Jose, CA
Except that this war is never going to be over, is it Fernadez? America's been in a state of permenant war with various different factions for decades now. Republicans need bogeymen to scare you with.
Owen, London, UK
Surly the point is, regardless of what this man may or may not have done, a court of law has ruled this man should only serve five and a half years. For the US government then to ignore there own court with impunity shows them no better light than many other, so called undemocratic, regimes across t
Andrew Steventon, Northampmton ,
Why bother pretending any more America? Just scrap all pretense and say no more trials (as you dont abide by them anyway) and you reserve the right to do what the hell you want. I reckon the day after Bush's castigation of the Chinese, a few old Communists are laughing quite hard about now.
Matt, Birmingham, UK
Two SAM missiles in his car and the bleeding heart liberals think he is an innocent victim of circumstances , it beggars belief !
Martin, Crewe, uk
A sad day for democracy, when the Pentagon is permitted to overrule decisions by a court.
Peter Sebastian, Stockholm, Sweden
USA - land of the free?? Land of the American dream with a constitution that provides justice for all? What a joke!
John Murphy, Bournemouth,
The Afgans and Iraqis should be grateful.
The power to exploit oil, hold without trial, conduct show trials, ignore verdicts, torture, rape and murder has been transferred from local dictators and despots to foreign despots.
Sweet democracy at work.
Michael, London, UK
Here we have the true colours of the USA government.
Nicola Clubb, Bournemouth,
There's a war on. He'll serve his sentence after it's over.
What's the problem?
Fernandez, San Jose, CA
The issue here is:
a) the US set up Guantanamo, rightly or not.
b) Set up a makeshift court and 'legal system' to deal with these people.
c) that court passed judgment according to its rules and gave a sentence.
d) Now the Pentagon just unilaterally changed it!!!
that is not justice
Kate, Sydney, Australia
No, Mari, six men part of a large Islamic terrorist organization supported by the Talban among others did this.
EAG, Maritimes, Canada
There is going to be "regime change" in the US in something less than 100 days. It will either be a minor change or a seismic shift, but one way or another there will also be change in the Pentagon. This guy will be out in six months.
Glen, New York City, USA
........and G W Bush, speaking on behalf of the United Statesof America has the hide to lecture other countries about human rights!
The "pot and the kettle" come readily to mind.
That other states have such appalling records does not justify the proposition that the American way is always right.
Michael Batchelor, Tauranga, New Zealand
So the Pentagon puts this guy on trial, but reserves the right to ignore the verdict if it doesn't like it. Why bother with the trial, then?
Rick Lewis, London,
No "segment of the muslim population" has declared war on "our way of life". Six men from the middle east crashed planes into the WTC's and WE declared war on all muslims.
I would say that was a most disproportionate response.
Mari, Nova Scotia,
To the bleeding hearts crying over Guantanamo here is a couple of questions. How many reporters, civilians and soldiers have been set free by Al Qaeda? Video beheadings have been their answer to a trials or tribunals. These people are not innocents being oppressed they attacked us. KMA
Bruce, Fedup City, USA
i bet molosovic,s driver is a very worried man tonight
andy, surrat, thailand
$2.4 Billion a week in Iraq alone fighting a war against a criminal who lives in Af-Pakistan? I could buy the allegiance of every Afghan for a year and have a few bucks left over. No one dies, except Osama Bin Forgotten.
lawrence taylor, Norwalk CT, USA
Yes, he had 2 SAMs in his car, but that was in Afghanistan (par for the course there), not in Cuba nor indeed the USA.
By the way, what about all those IRA murderers (or were they freedom fighters) that the USA refused to extradite to the UK ?
Jason, Porthmadog, Wales
war on our way of life?
so you´ve fallen for that lie. People are easy to manipulate these days in our one way corprate media.
Gerry, Hereford, UK
This is the sort of justice which the Soviet Union displayed during the Cold War. The United States rightly condemned it then, but has lost all moral superiority now and as long as the US retains the death penalty America is no better than China in human rights and is in no position to criticise.
Pat Cotter, Cork, Ireland
The chap with the two missiles was shot dead running away from the checkpoint the day Hamdan was arrested, so it could not have been him. He was not found guilty of this, but of being OBL's driver, something he never denied.
Don, bournemouth, UK
Dont forget the dog walker of Bushes dog. If that guy didnt walk the dog Bush might of had to do it himself. By this logic, the dog walker allowed Bush more time as president and therefore, more time for destruction of the world. Dog Walker therefore contributed as much if not more to murder.
Pedro , Dublin , Ireland
I also dont believe Wernher von Braun the Nazi father of the Nasa Space/Ballistic arms race was smuggled out of Germany by the U.S.
Did he face a court marshal or charges against the innocents murdered during the Holocaust ? apparently not.
Victor Butina, London, England
A bit off topic perhaps, but who supplied the missiles? They were Stinger missiles given to the Taliban by the CIA - when the Soviets were the bad guys. It just illustrates how complex all these issues are; all the more reason that International Law must prevail. The U.S. is in the wrong here.
EddieO., Vancouver, Canada
I agree with Casey. If a white american was pulled over by police on an interstate highway carrying shoulder launched missles, do you not think he would be charged with a Terrorism releated offence? ... I think so.
Julian Hillborn, Newmarket, Canada
Thank God our justice system can see objectively. What a price our country is going to pay in the eyes of the world and of God when the truth of all we have done in the name of fighting terrorism is revealed. We must overcome our own fear and ignorance and embrace our Muslim brothers/sisters.
Teri, New York,
I can't wait for all the White House staff, as well as Bush's drivers and the pilots of Air Force One ( Bush's plane) to be put on trial when Bush and Cheney are finally hauled up in front of the World Court for their many crimes against humanity. Tony Blair and his
staff, too!!!!
Kris D, Port Townsend, USA
The man had shoulder launched missles in his car with other crafts of war. He was not just a "driver".
Casey L. Brown-Myers, Lubbock-TX, USA
we live in times of relative peace- we have forgotten what it is like in war- A segment of the muslim population has declared war on our way of life- the response must be in proportion.
Freedom of speech is evident here, but don't forget it has been won by brave men and women protecting us.
Caroline, London, UK
It's very telling that Hitler's driver wasn't even prosecuted for war crimes.
Andrew, St.Ives, Cambs,
I don't believe that Hitlers driver had 2 Surface to air missiles in his car when he was caught!
Bob, Cowes, UK
Despite being neither criminals entitled to a trial or legal combatants entitled to Geneva convention protection the US has treated the inmates well and is now giving them the courtesy of a legal defense and a jury. The "Gitmo is so evil crowd" need to pay better attention to reality.
Mike , Boulder, USA
In response to all of the objections from the UK regarding the detainees at Guantanamo, I ask: Why would you have us do? Let go these people so they can return to the battlefield, or perhaps you would be willing to accept them as citizens of the UK? This is war folks, its a messy business.
John, Cleveland, Ohio, USA
The real scandal is not the verdict but the seven years if degrading imprisonment it has taken to get there. Have the Americans cancelled habeas corpus?
Richard Sarson, Wimbledon, UK
I'm not supprised he cried when he seen the injustice he'd had.
Osama Bin Laden's most senior bodyguard was simply let go from the prison at Guantánamo Bay recently.
That makes sence doesn't it...? He deserves jail for working with terrorists BUT that is not Justice, it's corruption!
Andrew, Durham, England
When Bush dares tolecture the Chinese about freedom and the Rule of Law, they have a simple one word answer, "Guantanamo"!!!
Peter Berman, Taunton, UK
Hamdan should weep for the people his colleagues have killed. Let's hope he NEVER gets out. Would be better if he was to be executed.
David, Poole,
Umm lets get the real important guys hey Bin Ladens Driver!
Why such a fuss after 7 years we still don't have Bin Laden 2 wars (one in a country that had nothing to do with 9/11)Still no Bin Laden. Now the rest of the World hates the US/UK.Remind me not to invite you guys to a knees up in a brewery
Simon, Bristol, Uk
I bet cab drivers and chauffeurs worldwide will be wondering where this verdict leaves them.
GJB, Slough, Berkshire
He's just a driver! He's certainly guilty of belonging to Al-Qaeda - but war crimes? It's very telling that Hitler's driver wasn't even prosecuted for war crimes.
Andrew, St.Ives, Cambs,
Anthony Romero along with others should always bear in mind that human rights have been fought for by military personnel whether conscripted ot volunteers who have given up life and limb just so he has the right to say bollocks to the president, or for that matter anyone else.
Brian , Brisbane, Australia
Have you ever noticed that the people we pay to protect our democracy are usually the ones who are destroying it.
Frankie, Sydney, Australia