Now, we have pre-emptive detention!!
On a scorching morning earlier this year, Talib Mohammed Farkhan, who had been imprisoned for 15 months, shuffled into Hearing Room 3 to hear his U.S. captors explain the allegations against him for the first time.
Farkhan, a Shiite Muslim, appeared to follow along as the American officers said he had been detained for membership in the Mahdi Army, the anti-American Shiite militia. But he looked totally baffled when they also accused him of working with al-Qaeda in Iraq, the extremist Sunni Muslim group that kills Americans and Shiites.
"I don't understand how that could be possible," said a visibly flustered Farkhan, a welder from the southern city of Iskandariyah, who denied all the accusations. "They are Sunni. I am Shia."
Yet the three U.S. servicemen before him, a panel of non-lawyers convened as part of a new quasi-judicial process to review each detainee's case every six months, did not need to decide whether Farkhan had violated the law. Their task was to decide whether he posed an "imperative security threat" to the U.S.-led coalition or the Iraqi people. And they concluded that credible evidence, which they would not describe to Farkhan or a Washington Post correspondent allowed to view the 19-minute hearing, suggested that he probably did.
"I'm not looking at whether they are guilty or innocent," said Air Force Maj. Jeff Ghiglieri, the president of the review board that convened in May. "We're trying to determine as best we can whether they will do bad things if we release them."
