LHRC Events - Ghailani case

A reporter from an English Daily newspaper sought views over the fate of a terror suspect Khalfani Ghailani after the US embassy in Tanzania had issued a statement saying they did not give a promissory note to his mother to attend the hearing and our Centre through its advocate Clarence Kipobota made comments which had a positive impact over the case. He said “FBI should ensure that Ghailani receives fair trial.” He mentioned some of the criteria for a fair trial as to make sure that he was given the chance to meet his relatives to prepare him psychologically for the hearing; tried by civilian courts and accord him with legal representation and an interpreter.

The Convention of Civil and Political Rights gives the detainee right to be visited by relatives and a lawyer.

This is a universal act. In this case the mother should have been given first priority to witness the hearing, said Kipobota.

Kipobota said the principle of criminal law states clearly that a suspect should be charged in the country where he was arrested, adding that the only cases which called for universal jurisdiction were crimes against humanity, war crimes and genocide.

Terrorism does not call for a suspect to be charged out of the country. Even so, there are reports that he will be charged in a court martial, a place where combatants are charged, said Kipobota. He said the law states clearly that civilians should not be tried at military tribunals like the court martial, adding: The government should be accountable to oversee the welfare of its citizens and to ensure they are treated fairly wherever they are.

Impact-

1. Khalfani Ghailani managed to get legal presentation after a member of the US force had communicated with the LHRC.

2. Ghailani is trialed in a civilian court where he is given a native Kiswahili interpreter to facilitate communication.