proceedings,846 holding high-profile trials in a remote military base located outside of the
United States can be considered to present a serious obstacle to their public character.
356. Moreover, limitations are placed on the ability of the public present at Guantánamo to
observe the proceedings from the actual courtroom “given the constraints of courtroom
size and the requirement to safeguard protected information”.847 In Courtroom Two,848
where ongoing proceedings take place, the media and public can only “observe
proceedings from behind a glass partition”.849 In these proceedings, additional limitations
have involved holding “open sessions with delay” and entirely closed sessions.850 “Open
sessions with delay” have for instance been the norm in the Al-Nashiri and Mohammad et
al. cases.851 They entail that observers behind the glass partition hear the audio portion of
the proceedings with a 40-second delay “to allow security officers to interrupt the feed in
the event of the disclosure of protected information”.852 In recent years, the United States
has also provided a number of observers with the opportunity to watch a closed-circuit
television (CCTV) feed of military commission proceedings from locations in the United
Bay Media Invitation Announced”, United States Department of Defense website, 14 October 2011,
<http://www.defense.gov/advisories/advisory.aspx?advisoryid=3396>; “Military Commissions Media Invitation Announced”,
United States Department of Defense website, 26 September 2012,
<http://www.defense.gov/Releases/Release.aspx?ReleaseID=15586>; United States Military Commission, United States of
America v. Mohammad et al., AE 008 (MAH), “Defense Motion to Dismiss for Defective Referral”, 19 April 2012, p. 7.
846
In the Mohammad et al. case, the military judge has recognized that “due to the serious nature of the crimes alleged and the
historic nature of military commissions, there is significant public interest in the Commission proceedings.” United States
Military Commission, United States of America v. Mohammad et al., AE 007, ibid.
847
“Department of Defense Media Ground Rules for Guantanamo Bay, Cuba (GTMO)”, Joint Task Force Guantánamo website,
op. cit., note 845, para G.1.
848
Courtroom Two is the courtroom used in ongoing cases before military commissions. It is a multi-defendant courtroom
capable of trying up to six defendants jointly, to accommodate a capital case, and to permit the use of highly classified
information at the Top Secret/ Sensitive Compartmented Information level or below. “Courtroom II”, Office of Military
Commissions website.
849
“Department of Defense Media Ground Rules for Guantanamo Bay, Cuba (GTMO)”, Joint Task Force Guantánamo website,
op. cit., note 845, para. G. 4.
850
Ibid., paras. G.4-.5.
851
United States Military Commission, United States of America v. Mohammad et al., AE 013DDD, “Second Amended
Protective Order #1”, 16 December 2013, para. 8.a.(3)(a); United States Military Commission, United States of America v. AlNashiri, AE 013M, “Amended Protective Order #1”, 27 March 2014, para. 47.c(i).
852
“Department of Defense Media Ground Rules for Guantanamo Bay, Cuba (GTMO)”, Joint Task Force Guantánamo website,
op. cit., note 845, para. G.4. When “open sessions with delay” are to occur in relation to proceedings taking place in Courtroom
One, all observers are to view a delayed feed of the proceedings from a viewing area at Guantánamo. “Department of Defense
Media Ground Rules for Guantanamo Bay, Cuba (GTMO)”, Joint Task Force Guantánamo website, op. cit., note 845, para. G. 4.
155
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