Justice, American style...

http://www.reuters.com/newsArticle.jhtml;jsessionid=5J4OVHZYWAROECRBAELCFEY?type=worldNews&storyID=4493528

No Lawyer for Inmates in Guantanamo Parole Process
Thu Mar 4, 2004 12:05 AM ET

By Will Dunham
WASHINGTON (Reuters) - Foreign terrorism suspects held at the U.S. naval
base at Guantanamo Bay, Cuba, do not have the right to a lawyer when
appearing before a panel that will annually consider their possible release,
the Pentagon said on Wednesday.

The Pentagon unveiled draft rules for administrative review panels of three
military officers that will serve as parole boards for Guantanamo prisoners.
The prisoner has the right to make his case personally to a board during a
hearing, with an interpreter supplied by the Pentagon if necessary, but has
no right to counsel, the Pentagon said.

"The detainee is not going to be given an attorney," said a defense
official, speaking on condition of anonymity.

The review board will assign a U.S. military officer "to assist the enemy
combatant in preparing his presentation to the board," and that officer may
"serve as the spokesperson for the enemy combatant in presenting his
information to the board," a Pentagon memorandum stated.

The prisoner's home country may be allowed to provide a written submission
to the review panel, including information from his family, the Pentagon
said. A U.S. military officer will present the panel with any information
demonstrating the need for continued imprisonment.

The United States holds at Guantanamo roughly 640 non-U.S. citizens caught
in what President Bush calls the global war on terrorism, most caught in
Afghanistan. Human rights groups have criticized the United States for
holding the prisoners, some for more than two years, with no charges or
legal representation.

The Pentagon memo said the review process permitted each prisoner at least
annually "to explain why he is no longer a threat to the United States and
its allies in the ongoing armed conflict against al Qaeda and its affiliates
and supporters, or to explain why it is otherwise in the interest of the
United States and its allies that he be released."

'LONG OVERDUE'

Wendy Patten, U.S. advocacy director for Human Rights Watch, called the
announcement of a review process "long overdue," but noted the Pentagon
asserted that no law or treaty required such a process and that it could be
suspended "at any time."

"They're saying they're going to do the reviews on an annual basis," Patten
added. "What's striking to me about the process is that it's an
acknowledgment that the administration plans to hold perhaps quite a number
of these detainees for many, many years."

Amnesty International official Jumana Musa said, "The review board may be
suitable for adjudicating a contested parking ticket, but it is not an
acceptable process for deciding the fate of men being held for years without
charge or trial."


"What happened to the presumption of innocence, judicial independence and
the right of appeal?" Musa asked.
Charges have been brought against only two Guantanamo prisoners. The
Pentagon has assigned U.S. military lawyers to represent only four,
including the two charged.

The United States has classified those held at Guantanamo as "enemy
combatants," not prisoners of war due a host of rights.

Defense Secretary Donald Rumsfeld announced plans for review panels on Feb.
13.

Legal training is not required for serving on the review panel, but at least
one of the three officers must be experienced in the field of intelligence,
the Pentagon said. The panel will make a recommendation on whether to
release a prisoner, but that must be approved by a civilian Pentagon
official before any release takes place.


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