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Unlike the Hague, eh Francy?! Boyle, Francis wrote: > > > Francis A. Boyle > Law Building > 504 E. Pennsylvania Ave. > Champaign, IL 61820 USA > 217-333-7954(voice) > 217-244-1478(fax) > [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> > > -----Original Message----- > From: Boyle, Francis [mailto:[EMAIL PROTECTED]] > Sent: Thursday, March 21, 2002 1:58 PM > To: Killeacle (E-mail) > Subject: Kangaroo Courts in Guantanamo (Newsday) > > > > "You're going to have the Department of Defense > defending, the Department of > Defense prosecuting and the appeals panels is the > Department of Defense," said > Francis A. Boyle, an expert on the law of war at the > University of Illinois. "I think > it's going to be perceived internationally as a kangaroo > court." > > Military Tribunal Plan Detailed > Suspects' rights to appeal, block evidence limited > > By Craig Gordon and Timothy M. Phelps > WASHINGTON BUREAU > > March 21, 2002 > > Washington - The Bush administration would grant > terrorism suspects brought before military tribunals > many fundamental protections used in civilian trials but > deny them others, limiting their right to block > second-hand evidence and to appeal their convictions, > even in the case of death sentences, government > officials said yesterday. > > At the same time, the Justice Department announced > yesterday that it would go ahead with a new round of > anti-terror interviews with foreign nationals in the > United > States, calling the first phase a success after > interviews with more than 2,200 people yielded a > number of tips on possible terrorists. > > The Bush administration's long-anticipated plans for the > military trials for terrorism suspects were presented to > Congress yesterday, and Defense Secretary Donald > Rumsfeld is expected to announce them today. > > The plan to hold tribunals came under fierce criticism > when President George W. Bush announced it in > November as a means to try suspected al-Qaida > terrorists outside the U.S. federal court system, > especially in cases where national security information > might be divulged. Critics feared the tribunals would > short-circuit due process, denying suspects a public > trial, independent counsel, the right to hear evidence > against them and the ability to appeal their verdicts. > > The new rules appear designed to address many of the > sharpest criticisms, international law experts said > yesterday, by modeling the tribunals after military > courts-martial and adding widely accepted legal > protections. > > Bush said yesterday that he had "nobody in mind" to bring > before the tribunals > and stressed that they merely are an option for > prosecuting terrorists. "We'll be > using the tribunals if, in the course of bringing > somebody to justice, it would > jeopardize or compromise national security interests. So > they're a tool," Bush > said. > > U.S. officials have said they expect a very limited > number of tribunals, perhaps no > more than a few dozen, and that they might not start > until the fall. Bush said the > fates of many of the 300 detainees at Guantanamo Bay, > where many of those > subject to tribunal might come from, remained unclear, > though he said, > "Remember...the ones in Guantanamo Bay are killers. They > are - they don't > share the same values we share." > > The tribunals would be presided over by a panel of three > to seven officers, as are > many courts-martial. Defendants would be presumed > innocent, and the > government would have to prove guilt. The suspects also > would be given free > military lawyers and could hire civilian lawyers as well. > > But the rules also permit prosecutors to introduce > hearsay or second-hand > evidence that would be kept out of normal trials, > including such things as > documents found in the caves of Afghanistan whose origin > might be unclear. > > Several legal experts also said they were troubled by the > limited right to appeals, > which would be heard by a three-member panel but still > consist of military > officials. Rumsfeld or Bush would be the final arbiter of > a defendant's sentence. > There is no explicit right granted to appeal to federal > courts, as those tried by > courts-martial are allowed to do. > > "You're going to have the Department of Defense > defending, the Department of > Defense prosecuting and the appeals panels is the > Department of Defense," said > Francis A. Boyle, an expert on the law of war at the > University of Illinois. "I think > it's going to be perceived internationally as a kangaroo > court." > > However, Scott Silliman, an international law expert at > Duke University, said he > believed the new rules would largely satisfy other > nations concerned about due > process, but only if the appeals panel did not function > as a "rubber stamp." > > Also yesterday, to the dismay of some immigrant groups, > Attorney General John > Ashcroft announced that 3,000 more visitors to the United > States, many from the > Mideast, would be asked to submit to interviews with > terrorism investigators. > > He said the original program started in November to try > to interview nearly 5,000 > visitors had provided valuable information "about the > would-be terrorists in our > midst." > > Ashcroft gave no specifics but released a report that > listed six interviews that had > provided tips about possible terrorists. Only half the > original group were actually > interviewed, either because they could not be located or > they declined. > > Some civil liberties lawyers criticized the extension of > the program to people who > arrived in the United States more recently than the first > group. Critics also said > some of those already questioned were arrested for > immigration violations or, in a > few cases, criminal charges based on the interviews, > though none of the charges > related to terrorism. Ashcroft's office said fewer than > 20 of those interviewed were > arrested. > > David Cole, a Georgetown University law professor, said, > "There is absolutely no > evidence that it has been an effective measure when you > compare the results that > have been obtained against the bad blood they have > created with the > Arab-American community as a result of this program." > > Imad Hamad, a leader of the large Arab community in > Michigan, said that while > he had cooperated with the first phase, the extension > "will create another > unnecessary form of intimidation and emotional pressure" > on Arab-Americans. > > Copyright © 2002, Newsday, Inc. > Francis A. Boyle > Law Building > 504 E. Pennsylvania Ave. > Champaign, IL 61820 USA > 217-333-7954(voice) > 217-244-1478(fax) > [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> > > > > > --------------------------- ANTI-NATO INFORMATION LIST ==^================================================================ This email was sent to: archive@jab.org EASY UNSUBSCRIBE click here: http://topica.com/u/?a84x2u.a9617B Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================
