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New US rules on terror detainees New US rules on terror detainees
(about 2 hours later)
The US defence department has sent Congress the draft of a new manual for trying detainees at Guantanamo Bay.The US defence department has sent Congress the draft of a new manual for trying detainees at Guantanamo Bay.
The new rules would allow terror suspects to be imprisoned on the basis of hearsay or coerced testimony - if a judge ruled the evidence credible.The new rules would allow terror suspects to be imprisoned on the basis of hearsay or coerced testimony - if a judge ruled the evidence credible.
The draft comes in the wake of last December's legislation establishing military commissions to try what the US calls enemy combatants.The draft comes in the wake of last December's legislation establishing military commissions to try what the US calls enemy combatants.
The first "fair and just" trials could starts soon, said a Pentagon official.The first "fair and just" trials could starts soon, said a Pentagon official.
VIEW DRAFT MANUAL Military Commissions Manual(752KB) Most computers will open this document automatically, but you may need Adobe Reader Download the reader here
Up to 80 of the around 400 detainees kept at Guantanamo will face the military commissions.Up to 80 of the around 400 detainees kept at Guantanamo will face the military commissions.
Defence lawyers say they are studying the document to gauge what legal protection it affords detainees.Defence lawyers say they are studying the document to gauge what legal protection it affords detainees.
The Pentagon's legal adviser on the tribunals, General Thomas Hemmingway, told reporters he was satisfied with the rules.The Pentagon's legal adviser on the tribunals, General Thomas Hemmingway, told reporters he was satisfied with the rules.
    Among others they include:
    Among others they include:
  • No evidence obtained under torture is to be admissible
  • No evidence obtained under torture is to be admissible
  • Evidence obtained by coercion before December 2005 will be admitted if a judge decides so
  • Evidence obtained by coercion before December 2005 will be admitted if a judge decides so
  • Classified information will be submitted at a judge's discretion and the detainees will be given access to it
  • Classified information will be submitted at a judge's discretion and the detainees will be given access to it
    • The military commissions have been controversial since the beginning, says the BBC's Adam Brookes in Washington.The military commissions have been controversial since the beginning, says the BBC's Adam Brookes in Washington.
    Defence lawyers said they were secretive and unfair - and the US Supreme Court agreed, putting the whole process on hold until Congress passed a new law last year.Defence lawyers said they were secretive and unfair - and the US Supreme Court agreed, putting the whole process on hold until Congress passed a new law last year.