Bumpy start to Guantanamo terror trial as lawyers question interpreters’ quality

Bumpy start to Guantanamo terror trial as lawyers question interpreters’ quality

They tell the military judge the translators are neither impartial nor proficient in English.

(From left) Mohammad Nazir Lep, Mohd Farik Amin and Hambali sat unrestrained but with heavy security.
PETALING JAYA:
The first day of the hearing for two Malaysian and an Indonesian terror suspects in a military courtroom at the US Naval Station at Guantanamo Bay in Cuba got off to a bumpy start as their lawyers questioned the neutrality and quality of foreign language interpreters provided by the American military.

The lawyers for Mohammad Nazir Lep and Mohd Farik Amin together with Indonesian Encep Nurjaman, known as Hambali, expressed frustration over the quality of interpreters as the trial began, according to news portal BenarNews.

The reporters from the portal viewed the arraignment remotely from a US army base near Washington, under media arrangements provided by the US Office of Military Commissions.

The report, which was published early this morning, said the trio, who are alleged to have  been involved in the 2002 Bali bombings and the Jakarta blasts a year later, were bearded, masked and dressed in black or white shirts and pants.

It said although they sat unrestrained, the suspects were under heavy guard.

James Hodes, the lawyer for Hambali, argued that the Indonesian interpreter should be removed from the case, alleging that he was not impartial.

“The Indonesian interpreter has made statements that these guys are all terrorists and should be killed,” Hodes told the judge. “That’s just one of the reasons.”

The report added that Commander Hayes Larsen, the military judge, replied by saying: “Today is not the day for that.”

Hodes then asked for the proceedings to be recorded and put on the record. “I can give you my cellphone and they can start recording,” he told the judge.

The report said Farik’s lawyer, Christine Funk, expressed frustration about the translations as the hearing began. It quoted her as saying the interpreter was not proficient in English but was “forced to listen to two languages”.

The judge then called on the lawyers to respond slowly so that the court can get an accurate interpretation. “I want to ensure that the accused understand all that is happening,” Larsen said.

Earlier, shortly after the proceedings started, the judge questioned the suspects on whether they were satisfied with their legal representation.

Hambali, who is accused of masterminding the bombing of a nightclub in Bali that killed 202, asked that an Indonesian lawyer be added to his defence team. “I would like to be represented by an Indonesian lawyer,” he said through the interpreter.

The trial was supposed to have taken place in February but was postponed because of concerns about the Covid-19 pandemic.

In January 2021, eight days after President Joe Biden was sworn in, the Office of Military Commissions announced that three suspects were to be charged before a military tribunal.

The case against the three men is the first to take place at Guantanamo in seven years, according to news reports.

One report said they are among 39 inmates left at the prison inside the US Navy base. At the height of the US war on terror that followed the 9/11 attacks by Al-Qaeda in New York and Washington, the military prison held close to 800 terrorist suspects from across the globe.

Hambali was arrested in Thailand in August 2003 together with Nazir and Farik.

According to a US investigation, they were sent to secret “black sites” operated through a CIA international prison network before being moved to the prison at Guantanamo Bay in September 2006.

The Indonesian, who is called “Southeast Asia’s Osama”, faces eight terror charges related to the Bali bombings, while the two Malaysians face nine.

The charges do not carry the death penalty.

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