Photo By Sgt. Brittany Fogel | Marine Lt. Col. Tom Jasper, defense counsel for Abd al-Hadi al-Iraqi answers questions...... read more read more
Subscribe
GUANTANAMO BAY, Cuba - Two motions were brought to the United States Court of Military Commission Review by the defense during Abd al-Hadi al-Iraqi’s pretrial hearing here, one stating that the court has no jurisdiction over him, as he should be treated as a prisoner of war, and the other is that female guards should not have physical contact with al-Iraqi.
The defense contended that all charges should be dismissed, arguing that Hadi al-Iraqi is not under the commission’s jurisdiction and requesting that a tribunal be held in accordance with the Geneva Convention’s treatment of POWs.
“Article 5 of the Geneva Conventions, Your Honor, creates the presumption that any captive is considered a prisoner of war or an EPW, enemy prisoner of war, not an alien unprivileged enemy belligerent as stated in the Military Commissions Act of 2009,” said Marine Lt. Col. Tom Jasper, defense counsel for the accused.
Navy Capt. J. Kirk Waits, the military commission’s judge ruled, “The defense has not met its burden under the current state of the law regarding military commissions for the relief requested, and the defense request to dismiss the referred charges is therefore denied.”
The defense team for Hadi al-Iraqi also presented a motion to the commission to no longer allow female guards to interact with their client when it comes to physical contact.
The motion comes after an incident in which Hadi al-Iraqi was moved to and from a legal meeting by a team that included a female guard. Hadi al-Iraqi protested stating it was against his religion to have physical contact with women who are not close relatives.
An interim order has been in place that restricts female guards from making physical contact with Hadi al-Iraqi when moving him to and from legal meetings and the commissions.
The hearing for the motion to prevent female guards’ physical contact was rescheduled for Jan. 26, 2015.
| Date Taken: | 11.25.2014 |
| Date Posted: | 11.25.2014 16:50 |
| Story ID: | 148838 |
| Location: | GUANTANAMO BAY, CU |
| Web Views: | 68 |
| Downloads: | 0 |
This work, Al-Hadi defense claims no jurisdiction; no female guards, by SFC Adrian Borunda, identified by DVIDS, must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
No keywords found.
LEAVE A COMMENT