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US Senate backs terror trial bill US Senate backs terror trial bill
(about 3 hours later)
The US Senate has passed legislation endorsing President George W Bush's proposals to interrogate and prosecute foreign terror suspects. The US Senate has passed controversial legislation endorsing President George W Bush's proposals to interrogate and prosecute foreign terror suspects.
The 65-34 vote followed Thursday's backing by the House of Representatives for almost identical legislation.The 65-34 vote followed Thursday's backing by the House of Representatives for almost identical legislation.
The new bill could be signed into law by the president within a few days.The new bill could be signed into law by the president within a few days.
Under the new legislation, special tribunals will be set up to question and try several hundred suspects being held at Guantanamo Bay in Cuba. Under the new legislation, special tribunals will be set up to question and try several hundred suspects being held at Guantanamo Bay, Cuba.
Correspondents say the new legislation is seen as an important signal by the Bush administration of its tough stance in its "war on terror" in the run-up to Congressional elections in November.Correspondents say the new legislation is seen as an important signal by the Bush administration of its tough stance in its "war on terror" in the run-up to Congressional elections in November.
Human rights activists have expressed concern that the new tribunals might not give the same protection to suspects as the existing civil courts. But human rights activists have expressed concern that the new tribunals might not give the same protection to suspects as the existing civil courts.
President's discretion Legal standards
The legislation is a response to a Supreme Court ruling in June that the original military tribunals set up by the Bush administration to prosecute detainees were in violation of American and international law.The legislation is a response to a Supreme Court ruling in June that the original military tribunals set up by the Bush administration to prosecute detainees were in violation of American and international law.
The new measures provide defendants with more legal rights than they had under the old system, but it eliminates their right to challenge their detention and treatment in federal court.The new measures provide defendants with more legal rights than they had under the old system, but it eliminates their right to challenge their detention and treatment in federal court.
This longstanding tradition of our country about to be abandoned here is one of the great, great mistakes that I think history will record Democratic Senator Chris Dodd Q&A: Military tribunals
The bill forbids treatment of detainees that would constitute war crimes - such as torture, rape and biological experiments - but gives the president the authority to decide which other techniques interrogators can use.The bill forbids treatment of detainees that would constitute war crimes - such as torture, rape and biological experiments - but gives the president the authority to decide which other techniques interrogators can use.
However, during a heated debate, Democratic senators accused the administration of tearing up 200 years of legal standards by removing detainees rights such as habeus corpus - the right to challenge their own detention.
"This longstanding tradition of our country about to be abandoned here is one of the great, great mistakes that I think history will record," Democrat Chris Dodd told the Senate.
Others backed claims by human rights groups that fear that the complex set of rules will allow harsh techniques that border on torture - such as sleep deprivation.
"This bill gives an administration that lobbied for torture exactly what it wanted," said Senator John Kerry.
McCain backing
Republican Senator Kit Bond responded by accusing the Democrats of being soft on terrorism.
"Now some want to tie the hands of our terror fighters," he said. "They want to take away the tools we use to fight terror. To handcuff us. To hamper us in our fight to protect our families."
And Republican Senator John McCain, a former prisoner-of-war himself who had been critical of the Bush administration's earlier policy on foreign terror suspects, welcomed the bill's passage.
"I think what you'll see now after the president signs this bill is convening of tribunals to address these cases which are long overdue; a bolstering of the Geneva Conventions because of our renewed commitment to it; and I am convinced that because of this legislation certain, quote, techniques, unquote, such as water boarding, prolonged stress positions, long, extreme sleep deprivation, will not be allowed."
As a result of the Senate vote, the military tribunals could resume under the new guidelines in early 2007.As a result of the Senate vote, the military tribunals could resume under the new guidelines in early 2007.
There is the possibility however, that this new legislation could also be challenged in the Supreme Court. But there is the possibility that this new legislation could also be challenged in the Supreme Court.