The White House is set to announce a key decision on where to prosecute several Guantanamo Bay detainees, including five men accused of planning the 11 September, 2001 attacks. 

President Barack Obama has pledged to inform a Guantanamo military judge by Monday whether to try the men before US federal courts or military tribunals -- a decision central to his plans to close the controversial facility.

Senior US officials have already acknowledged the Obama administration is unlikely to meet a deadline the president set just two days after taking office to close Guantanamo by 22 January.

In another setback to the plans, White House Counsel Gregory Craig will likely announce his departure as early as Friday after having struggled to lead efforts to close the facility at a US naval base on the southern tip of Cuba, The Washington Post reported.

He is expected to be replaced by Obama's personal attorney, prominent Democratic lawyer Bob Bauer.

Obstacles
Among the obstacles that remain is whether detainees, including the self-declared mastermind of the 2001 attacks -- Khalid Sheikh Mohammed -- should be prosecuted in civilian courts or military tribunals specially designed to try terror suspects held at Guantanamo.

Ten detainees already face charges before the military commissions, proceedings that were halted at the administration's request while a change of venue was considered, but would resume if Monday's deadline goes unheeded.

Three prisoners have been convicted before military commissions, but the tribunals have been widely condemned for limiting defendants' rights and attracted criticism from the US Supreme Court in a 2006 ruling that forced an overhaul of the process.

Despite the criticism, the Obama administration has indicated it will maintain the system established during former president George W. Bush’s tenure.

Accused rights enforced
To mollify critics, the White House and lawmakers worked together on a bill passed in late October that boosted defendants' rights.

The legislation barred the use of evidence obtained through coercion, strengthened the rules on hearsay evidence and improved defendants' access to witnesses and evidence, even when classified.

In a May speech, Obama said further defendant rights would "ensure that these commissions are fair, legitimate and effective," but added that his administration would seek to try detainees before federal courts "when feasible."

Despite initial opposition from lawmakers reluctant to see detainees transferred to US soil, Congress ultimately approved legislation allowing Guantanamo prisoners to appear as defendants before federal courts.

In some cases, bringing detainees before civilian courts may make it easier for the administration to secure convictions, and defence lawyers have long called for their clients to be granted US trials.

"In the 9/11 case, they are not going to conduct the trial process behind closed doors, the whole world is going to be watching," said Suzanne Lachelier, military defence attorney for Mohammed's co-defendant Ramzi Binalshibh.

But using civilian courtrooms could also pose serious problems for the administration, including the likelihood that the 11 September suspects would reveal explosive details about their treatment at the hands of Central Intelligence Agency interrogators.

Death penalty
The men could also face trial at a court in New York City, in front of an emotional and hostile jury with few qualms about imposing the death penalty, which experts warn could be counterproductive.

"It is in the United States' strategic interest to refrain from seeking the death penalty no matter which forum it chooses, thus denying martyrdom to the 9/11 conspirators," Ken Gude of the Washington-based Center for American Progress wrote in a report released this week.

Even as the administration moves forward on dealing with some of Guantanamo’s most notorious residents, it faces tough challenges to closing the detention facility, which still holds 215 prisoners.

It has failed to secure an agreement facilitating the repatriation of some 90 Yemeni detainees, and is still seeking asylum for others who cannot be repatriated for fear of abuse in their homeland.

A final battle looms over plans to hold some detainees indefinitely without trial. Activists oppose the proposal on human rights grounds, and are joined by lawmakers reluctant to see detainees moved to US soil permanently.

Source: AFP