THE COURT CASES AGAINST THE ELITES IN GITMO, Why the Defense Department facilitates NGO observers to go to Gitmo to monitor Military Commissions

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THE COURT CASES AGAINST THE ELITES IN GITMO, Why the Defense Department facilitates NGO observers to go to Gitmo to monitor Military Commissions


The U.S. Department of Defense (DoD) has stated that it seeks for Guantanamo Bay Military Commission hearings to be transparent, consistent with the statutory requirement that “military commissions shall be publicly held”, and that NGOs play a critically important role in promoting transparency in fair, open, public hearings, consistent with the rights and interests of multiple stakeholders, including rights and interests of the prosecution, the judge, the defendants, the defense counsel, the victims and their families, the media, the witnesses, the Joint Task Force – Guantanamo Bay guard force, the general public, and other individuals and groups. The DoD has stated that:

(a) the DoD selects NGO Observers to monitor U.S. Military Commission hearings to demonstrate that the rules under which the military commissions operate are legal under international law5 and U.S. domestic law, and that these rules are being applied in compliance with U.S. and international law;

(b) the DoD wants NGOs Observers to examine whether the rights of all Military Commission stakeholders are being fully afforded to them, under U.S. and international law, and to confirm to the outside world that these rights are being so fully afforded;

(c) the DoD seeks to select NGO Observers that will monitor the hearings and the process, analyze and critique the hearings and the process, and widely disseminate reports of their findings on the hearings and the process. 

The Pentagon has thus granted a number of U.S. NGOs permission to send “NGO Observers” to monitor hearings, trials and other U.S. Military Commission proceedings held at Guantanamo Bay, Cuba. 

NGO Observers may also monitor these proceedings via secure, live videolink in a secure facility at the Ft. Meade U.S. military base in Maryland. 

In an unusual circumstance, on Guantanamo commission hearing was held at Ft. Belvoir, Virginia in 2016 (without the defendant being present), and NGOs were permitted to observe in person at Ft. Belvoir. 

Also, NGOs may observe Guantanamo Periodic Review Board hearings in a conference room at the Pentagon, via videolink from Guantanamo Bay.








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