03.22.2019

Johanna Hamilton & Alka Pradhan on Guantanamo Bay

Alka Pradhan is the defense attorney fighting for a 9/11 prisoner’s rights, as seen in a rare look inside Guantanamo Bay in Johanna Hamilton’s documentary, “The Trial.” They discuss why forty detainees are currently held in indefinite custody.

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JOHANNA HAMILTON, DIRECTOR, “THE TRIAL”: Well, I’ve been interested in the policies that evolved out of the attacks of September 11th for a long time, ever since the first investigative journalist started reporting on the black sites that were popping up all over the world, people who were being rendered, extraordinary rendition. I embarked — I made sort of very small steps, early steps, towards the film in that regard and then got pulled off to work on other films. But it’s always been there with me and I’ve always wanted to return to it. About two years ago, I read an editorial in “The New York Times” that said that the U.N. special rapporteur on torture had never been allowed access into Guantanamo, and I was sort of struck by that. At the time, he was a personal friend. So, I phoned him up and said, “Listen, if you ever get access, please can I come with you with a camera?” He very quickly, you know, disabused me of the notion that he would ever be allowed access, but in the process, he put me in touch with Alka. He said, you know, “You know, should really speak to Alka Pradhan.” So, Alka and I got on the phone and had a long wide-ranging conversation. During the course of which, you know, I consider myself very well informed and I had followed developments at Guantanamo but I had forgotten, if I ever knew, that there was a trial that was happening. That was the genesis.

CHRISTIANE AMANPOUR: So, let me ask you, Alka, then because you are defense counsel for one of those on trial. So, just tell us —

ALKA PRADHAN, HUMAN RIGHTS LAWYER: Yes.

AMANPOUR: I mean, we — you know, a lot of it is happening out of sight, we just don’t have access to the nitty gritty of the so-called tribunals at Guantanamo. I mean, from your perspective, as a defense lawyer, are you — I mean, do you think is justice being done? What’s going on?

PRADHAN: No, absolutely not. What is happening at Guantanamo is just an absolute travesty. When you think of the concept of American justice, we have — you know, we have contributed that and we have exported it to the rest of the world, and that is not what is happening at Guantanamo. When you say, Christiane, that, you know, this is happening out of sight, that’s very much by design. The United States government chose Guantanamo because it was outside of the United States legal system, because we wouldn’t have to apply U.S. law. And everything they do at Guantanamo, at these military commissions, is designed to be out of sight because if people could see the way in which this military commission is proceeding, I think there would be a public outcry.

AMANPOUR: The film starts with you, among others, listening to the national anthem, the U.S. national anthem, there at Guantanamo.

(BEGIN VIDEO CLIP)

PRADHAN: This never happened before. So — and it’s not easy. Excuse me one minute.

(END VIDEO CLIP)

AMANPOUR: Just tell me how that feels representing these people and having to really lobby on their behalf because the government doesn’t seem to be

doing its due diligence when it comes to the trial process.

About This Episode EXPAND

Christiane Amanpour speaks with Johanna Hamilton and Alka Pradhan about why forty detainees are currently held in indefinite custody inside Guantanamo Bay. Nancy Schwartzman discusses her documentary “Roll Red Roll.” Alicia Menendez speaks with Arlan Hamilton about her venture capital firm, which is dedicated to investing in start-ups founded by women and people of color.

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