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29 April 2011 / Roger Smith
Issue: 7463 / Categories: Opinion , Legal aid focus , Human rights
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Trials & tribulations

Roger Smith reflects on detainees, masterly performances & Daily Mail fulmination

America’s star 9/11 detainee will, after all, be tried by a military commission. The Obama administration’s original plan to use civilian courts has been defeated. Attorney General Eric Hodder’s final capitulation was forced by Congress restrictions on the use of military funds to bring Khalid Sheikh Mohammed (KSM) from Guantanamo to the US.

The trial of KSM, wherever held, poses difficulties. On the one hand, he has confessed to involvement in just about every major terrorist event involving Al Qaeda since the mid-1990s. This included the boast that “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl” and that he was responsible for 31 specific operations led by the “9/11 operation from A to Z”. The problem is, the US owns up to treatment everyone else would call torture since his arrest in 2003: its agents waterboarded him no less than 183 times.

KSM indicated three years ago that he would plead guilty. He may, indeed,

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EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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