Saturday 20th of April 2024

'night night amerika .....

‘US Attorney General Alberto Gonzales said the US government could "indefinitely" hold foreign 'enemy combatants' at sites like the US naval base in Guantanamo Bay, Cuba.

"We can detain any combatants for the duration of the hostilities," said Gonzales, speaking to the Senate Armed Services Committee.

"If we choose to try them, that's great. If we don't choose to try them, we can continue to hold them," he said.

Yet neither the Bush administration nor the US military wants "to remain the world's jailers indefinitely," he said.

A Supreme Court ruling last month declared that government of President George W. Bush had overstepped his authority in forming military commissions to try detainees held at Guantanamo Bay, Cuba.

That authority, the court said, belongs to Congress, and the Senate committee is now hearing testimony on how the Guantanamo prisoners should be dealt with.

Gonzales said he was waiting for a green light from Congress to reinstate military tribunals to try war-on-terror prisoners at Guantanamo, Cuba.

Gonzales has proposed minor modifications to rules that inmate attorneys have decried as violating the rights of their clients.

The proposed rules would allow hearsay evidence to be introduced, including evidence obtained under duress, unless a military judge considers it unreliable, Gonzales said.’

Guantanamo Detainees May Remain Indefinitely: Gonzalez

meanwhile …..

‘The military's top uniformed lawyers, appearing at a Senate hearing yesterday, criticized key provisions of a proposed new U.S. plan for special military courts, affirming that they did not see eye to eye with the senior Bush administration political appointees who developed the plan and presented it to them last week.

The lawyers' rare, open disagreement with civilian officials at the Pentagon, the Justice Department and the White House came during discussions of proposed new rules for the use of evidence derived from hearsay or coercion and the possible exclusion of defendants from the trials in some circumstances.

The administration has said such juries - to be established within a new system of military "commissions" tailored for trying war crimes in an age of terrorism - are the only appropriate forum for bringing to justice members or associates of terrorist groups and those accused of anti-U.S. acts in conjunction with such groups.

The draft legislation debated yesterday would create military commissions to replace the ones struck down in June by the Supreme Court, which ruled that an earlier plan, imposed by the Defense Department without congressional authorization, was unconstitutional. The new proposal seeks to expand the authority of the courts by including defendants who are not members of al-Qaeda or the Taliban and not directly involved in acts of international terrorism.

Some independent experts and human rights groups have criticized the plan because defendants would be denied many protections guaranteed by the civilian and traditional military criminal justice systems.’

Top Military Lawyers Oppose Plan For Special Courts

legalising war crimes .....

‘The Bush administration has drafted amendments to a U.S. war crimes law passed in the mid-1990s that criminalized violations of the Geneva Conventions.

The changes would mean interrogators would no longer face possible prosecution for committing "outrages upon the personal dignity" of prisoners. Examples of these "outrages" could include acts "such as the forced nakedness, use of dog leashes and wearing of women's underwear seen at the U.S.-run Abu Ghraib prison in Iraq."

This removal of any reference to humiliating and degrading treatment will be perceived by experts and probably allies as rewriting the Geneva Conventions, said retired Army Lt. Col. Geoffrey S. Corn. "The plan has provoked concern at the International Committee of the Red Cross, the entity responsible for safeguarding the Geneva Conventions."

Two weeks ago, Attorney General Alberto Gonzales spoke privately with lawmakers about the need for protections against prosecution for actions taken by U.S. personnel under a 2002 presidential order, which the Supreme Court declared illegal, and under Justice Department legal opinions that have been withdrawn under fire.