Tribunals for terrorists are readyBut to judge while the Minister of Defence of the USA Donald Ramsfeld nobody
Yesterday has published rules of formation and activity of military courts which will judge heads “ the Taliban “ and “ Al - Kaidy “. Under the pressure of human rights organisations Washington has given accused the right to the appeal. But legal experts consider, as as it stands military courts cannot provide impartial and fair proceeding.
the decision on creation of military courts was accepted in November of last year and at once has got under criticism squall. Those who is familiar with the Soviet history, compare them with Stalin “ three “ put to a wall millions innocent people. Yesterday`s performance of the Minister of Defence of the USA has been urged to deny fears of critics. Mister Ramsfeld (Donald Rumsfeld) has declared that tribunals in the activity will be based on two principles - protection of the rights accused and protection of national safety of the USA.
the head of the Pentagon has rejected all charges in possible infringement of human rights. Though recognised that at those who will appear before tribunal, it will be less right, rather than at accused on usual litigations. Mister Ramsfeld has explained it to that the USA are at war. Thus it has reminded that defendants will acquire the right to the civil or military lawyer, and at the expense of the American government. They will have the right not to testify against themselves and cannot be condemned twice for one crime. Besides, as Donald Ramsfeld has assured, military courts will start with a presumption of innocence of the accused. And track it the press for which access on processes will be opened, except for the moments when the classified information will be published can.
it is necessary to tell that originally Washington planned to establish for carrying out of processes over members “ Al - Kaidy “ and “ the Taliban “ much more rigid rules. In the end of the last year US president George Bush (George W. Bush) under which order special military courts are created, suggested to deprive accused of the right to the appeal. It was supposed that for removal of the death sentence will be also two thirds of voices of judges enough. Under the pressure of legal experts and of some the European countries these rules have been reconsidered. Now the accused can appeal. However, not in civil courts, and in boards specially created for this purpose, military judges will preside in which. As to death sentences for their statement the consent of all seven members of tribunal will be necessary.
the definitive statement of the death sentence remains for the US president. The same as also selection accused which affairs will consider military courts.
however, and present rules of court over the international terrorists do not suit human rights organisations. In their opinion, the principle of protection of national safety of the USA will prevail in them over a principle of protection of the rights accused. Legal experts are dissatisfied with that as proofs certificates which are not accepted by usual courts will be accepted by tribunals. For example, certificates at second hand and “ materials about the events which chain cannot be precisely established “. Legal experts believe that such dim standard gives to charge unprecedented space for maneuver. Besides on developed by lawyers of the Pentagon to rules defendant it will be refused access to those materials of charge which have confidential character.
however while created tribunals to judge there is nobody. From several hundreds captured Americans being in hands, there is no high-ranking official from a movement management “ the Taliban “ or groupings “ Al - Kaida “.
ALEXANDER - REUTOV