Saturday, October 8, 2011

A New Face of Guantanamo Military Commission Trials?

Chief Prosecutor Army Brig. General Mark Martins announced this week that military commission trials at Guantanamo Bay will resume, with changes designed to increase transparency and fairness.

General Martins mentioned three changes.  First, there are new restrictions on the use of evidence obtained by torture (although the exception--"in the interest of justice"--may well swallow the rule).  Second, relatives of victims will be able to view the proceedings by a video feed in the U.S.  And third, the Pentagon set up a new web-site with case information, FAQs for detainees' representatives, case files, and more.  (The site even has a "legal system comparison," illustrating in a chart the different features of military commissions, courts martial, and Article III courts.)

First up under the revamped proceedings: Al Nashiri's arraignment on November 9 for his alleged role in bombing the USS Cole and planning attacks on the USS The Sullivans and the MV Limburg.

Al Nashiri's arraignment is on the new web-site's calendar, and his case file is up, with links.  But as of today, even the Defense Request for Continuance of Arraignment and the following Order were not available.  The link said they were undergoing a security review.

SDS

http://lawprofessors.typepad.com/conlaw/2011/10/a-new-face-of-guantanamo-military-commission-trials.html

Executive Authority, International, News, Procedural Due Process | Permalink

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