US Unveils Rules for Military Trials of Captives in Afghan War

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Last updated at: (Beijing Time) Friday, March 22, 2002

US Unveils Rules for Military Trials of Captives in Afghan War

US Defense Secretary Donald Rumsfeld unveiled new rules Thursday for military trials of some al Qaeda and Taliban suspects held by the United States, prompting criticism over defendant rights.

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US Defense Secretary Donald Rumsfeld unveiled new rules Thursday for military trials of some al Qaeda and Taliban suspects held by the United States, prompting criticism over defendant rights.

Rumsfeld said the military "commissions" will offer defendants many of the same rights as regular trials. For example, the accused will be presumed innocence and must be found guilty beyond a reasonable doubt. They will have a right to an attorney.

But designed for what he called "unique circumstances," the rules will limit the defendants' right of appeal and allow looser standards for evidence than the civilian trials.

The accused might not always be allowed to hear classified evidence against him, and any appeals will go to a military review board instead of the federal courts. Also, the panel can decide to accept hearsay and secondhand evidence.

According to the new rules, the president would have to give final approval to any death sentences. If a defendant was acquitted by a military commission comprising of three to seven members, the president could not overturn that verdict.

President George W. Bush authorized the military trials after the September 11 terror attacks.

The original guidelines on the trials issued by Bush brought a barrage of criticism from civil rights groups and European officials who said it could violate the rights of suspects. The original order barred appeals after conviction and suggested a two- thirds vote of judges was enough to impose the death penalty.

The new rules would require a unanimous vote to impose the death penalty.

Both liberal and conservative critics have assailed the proposed commissions, saying they threaten basic international principles of fairness and justice.

U.S. officials said the tribunals were planned only for relatively high-ranking al Qaeda and Taliban operatives against whom there is persuasive evidence of terrorism or war crimes.

This means the great majority of the 300 prisoners being held at the U.S. naval base at Guantanamo Bay, Cuba, would not be brought to the tribunals because they are low-ranking foot soldiers.

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