'Franz K.' in Guantanamo

"Well, what do you want?" said K. ... "No", said the man at the window, throwing the book on the table and rising from his chair. "You must not leave, after all you are arrested." - "It looks like it", said K. "And why, if I may ask?" he then asked. "We are not in a position to tell you. Go to your room and wait. Now the proceedings have been initiated and you will learn everything at the proper moment."

"How can I possibly be arrested? And then even in such a manner...?" - "Now you are starting all over again" said the guard and dipped his slice of bread into the honey keg. "We do not answer such questions." - "You will need to answer them", said K. "Here are my legitimation papers, show me yours and, more importantly, the arrest warrant." - "Good heavens!" said the guard. "That you are not able to bow to your situation..."

"I can certainly not tell you that you are being accused or, rather, I do not know. ... If, however, I do not answer your questions, I would nonetheless advise you: do not think so much of us, of what is going to happen to you, think more of yourself. And do not make such a noise of your sentiment of innocence, it disturbs the not even bad impression that you otherwise leave."

Obviously, Franz K.'s experience is singular, fictitious, full of paranoia and in any event clearly outdated, isn't it? After all, nowadays, stringent procedural safeguards render similar derailments of the machinery of justice impossible. Really? Then check out the following excerpt of an interrogation of an AlQaeda suspect before the US military Combatant Status Review Tribunal (CSRT) in Guantanamo. Please take a few minutes to read the excerpt on pp. 46 - 48. Truly kafkaesque.

Luckily, American district courts have partly quashed the resulting decisions due to an evident lack of procedural fairness. However, the basic concern remains: In the 21st century, the judicial machinery remains totally capable of serving as a diffuse and compliant instrument of political power. All this in the name of morality, justice and a "better world" without terror.

Quotes from Franz Kafka, The Trial, 1914.