The case of Mohammed Jawad is either typical or atypical of those who are currently imprisoned in Guantanamo prison. Jawad “confessed” after being seized and admitted throwing a grenade into a jeep. However, at his trial he denied his confession claiming he was told either confess or have your family in Afghanistan killed. A military judge threw out the confession causing the entire case against the youth to collapse. US military authorities wanted to continue “investigating” the crime, but US District Judge Ellen Huvelle ordered his release.
The argument about Jawad includes his age and the circumstances of what happened that day in Afghanistan. He is now back in Afghanistan and has been released to members of his family. This episode raises more questions than provides answers. Is it unrealistic to believe a prisoner in Afghanistan was threatened with death to his family? Is is unreasonable for individuals to be seized in the heat of battle? Perhaps, the clearest issue that must be resolved is the need for law and order in our courts based on constitutional principles, not those emanating from fear and hate.