Somewhere in hell, Joseph Stalin is smiling

The show trial of Omar Khadr

November 07, 2010 - In the 1930s, that great legal innovator Joseph Stalin introduced the show trial. The accused would stand up in court and willingly, even eagerly, confess to the most fantastical crimes. At the first great show trial, in 1936, Grigori Zinoviev, Lev Kamenev and other former senior Communist party members admitted to being members of a terrorist organization. They said they had plotted to kill Stalin and other Soviet leaders. In the following years, as Stalin's purges picked up steam, show trials featured increasingly incredible stories, usually involving the accused admitting to being agents of Western imperialism. What made men confess to things that were unlikely, sometimes impossible and usually unsupported by other evidence? Torture. Sleep deprivation, beatings, and threats against their wives and children. To stop the pain, you had to confess to whatever it was that the interrogators wanted to hear. And then you had to get up in court and willingly confess to it all over again.

The trial of Omar Khadr has been called a travesty of justice, a violation of the rule of law, a kangaroo court and lots of other things beside. But what it really was, was a show trial. On the main charge, "murder in violation of the laws of war" (a crime that doesn't appear to even exist in international law, given that combatants who kill other soldiers in combat are not violating the laws of war), the chief evidence against the then-15-year-old child soldier was his own confession. And that confession, made years ago and long since recanted, was obtained under conditions that any normal human being would describe as torture. ... {read rest}