Brian Bouffard accused the military court of creating an “endless quasi-legal kabuki theatre” to hold detainees in the prison indefinitely.
He said dates for the next hearing were Nov 1 and 2 – 15 months after the proceedings were postponed when the defence complained the Malay and Indonesian translators were incompetent.
“In ways great and small, the Guantanamo Bay military commission continues as a daily affront to our values,” he told FMT in an email.
“If my people truly care about justice, accountability and human rights, we must do more than just say so. Words are easy. They allow us to pretend.
“To demonstrate honour, courage and commitment by promptly and fairly trying these men or releasing them is more challenging.”
Bouffard is the lead counsel for Mohammed Nazir Lep, who has been held for nearly 20 years in solitary confinement.
Nazir, fellow Malaysian Mohammed Farik Amin and Indonesian Encep Nurjaman face eight joint charges, including seven related to the twin bombings that killed 202 people in Bali in October 2002 and a bombing at the JW Marriott hotel in Jakarta in August 2003.
They were arrested in Thailand in 2003 and sent to secret CIA-operated black sites before being moved to Guantanamo Bay in 2006.
Bouffard said there was no clear and honest accountability for those who approved and inflicted torture on suspects and there was “certainly nothing” to prevent them from holding their victims indefinitely.
He said the honourable alternative would be speedy and fair public trials, but he added that such platforms often had a way of exposing bad people in high places.
“Of course, they won’t let that happen. This is particularly offensive to me and others who defend these men.”
He urged the judge to prevent any government interference with attorney-client privileges. He did not elaborate, saying “this harassment is merely the latest small link in an unbroken chain of abuse against the men held here”.
At their arraignment on Aug 30 and 31 last year, all three detainees refused to enter a plea, citing bias and the incompetence of the interpreters.