Delay in trial of Malaysians in Guantanamo a stain on US honour, says counsel

Delay in trial of Malaysians in Guantanamo a stain on US honour, says counsel

Brian Bouffard says the US government wants to deny the duo a jury trial as requested by them after being held for 20 years.

Malaysians Nazir Lep (left) and Farik Amin have been under solitary confinement since their arrest in 2003.
PETALING JAYA:
There is no end in sight to the trial of the two Malaysian terror suspects being held at the United States-run Guantanamo Bay prison in Cuba for about 20 years, according to a defence lawyer.

The counsel for one of them, Brian Bouffard, said they were sick and tired of the US government for causing an endless delay to the trial.

In the latest move, US-based Bouffard, who represents Nazir Lep, said they filed a motion last week asking the US Military Commission at Guantanamo to set a date for a jury trial in December as earlier suggested by the US government.

“We filed the motion this week asking the commission (to set a date) but surprisingly, the government is opposing it, even though they are the ones who originally suggested it,” Bouffard said in an email to FMT.

Brian Bouffard.

Nazir, fellow Malaysian Farik Amin, and Indonesian Encep Nurjaman have been under detention in the notorious Guantanamo prison for about 20 years.

They 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.

The three were first arraigned in August 2021 but the trial could not continue because the US government could not provide qualified Malay and Indonesian translators.

Brian said Nazir had been pushing for a quick trial after being held 20 years in solitary confinement but the US government was not helping in this matter.

“Nazir wants his trial and we are sick and tired, and frustrated by the endless government delay and lack of accountability or consequences for that delay. He has been held without trial for 20 years and was tortured, all of which is a stain on our national honour.

“The military commissions and the history at Guantanamo are an affront to the rule of law and to the values our country claims to cherish. Most American citizens are good people who understand this.

“It’s been a long time since our government started living up to our values,” he said.

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