Justice System For Detainees Is Moving At a Crawl

t the end of a tattered, sunbaked runway dotted with large green tents here is a building aptly called the Expeditionary Legal Complex Courtroom, surrounded by coils of concertina wire, where the most notorious alleged terrorists in U.S. custody are supposed to face charges related to the Sept. 11, 2001, attacks.

Nearly seven years later, however, not one of the approximately 775 terrorism suspects who have been held on this island has faced a jury trial inside the new complex, and U.S. officials think it is highly unlikely that any of the Sept. 11 suspects will before the Bush administration ends.

Though men such as Khalid Sheik Mohammed, the alleged Sept. 11 mastermind, are expected to be arraigned in coming months -- appearing publicly for the first time after years of secret detention and harsh interrogations -- officials say it could be a year or longer before worldwide audiences will see even the first piece of evidence or testimony against them.

"I think it's a near-impossibility that these cases will be in court before the end of the administration," said Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch, who has observed numerous court hearings on the island.

"Some of the detainees haven't even seen their lawyers yet, there's incredibly complicated issues about access to evidence and discovery, and as we've seen with every single case to date, it's incredibly hard to move through a system that lacks established rules and precedent," she said. "Every little detail ends up being contested, because it's an entirely new system of justice."

That new system, set up by Congress's Military Commissions Act of 2006, so far has been entangled by numerous motions that challenge its fairness and constitutionality. Military officers presiding over the cases have had to make critical decisions on the fly, including some appealed to another new court created by the same legislation.