Secretary of Defense Urged to Consider Due Process Safeguards When Devising Military Tribunals Procedures

American Jewish Committee
Tuesday, 8 January 2002

The American Jewish Committee today urged Secretary of Defense Donald Rumsfeld to consider several due process safeguards while devising procedures to implement President's Bush's order regarding military tribunals.

In a letter to Secretary Rumsfeld from AJC President Harold Tanner and Executive Director David A. Harris, the AJC expressed support for the Administration's efforts to strengthen national security while carrying out the war against terrorism.

"AJC recognizes the need to protect our cherished civil liberties and due process traditions while carrying out this important mission," wrote the AJC leaders. "To that end, as you undertake the process of devising procedures to implement President Bush's order regarding military tribunals, we respectfully urge that the procedures you adopt adhere to the following standards:

- Those who stand accused before a military tribunal should be informed of the charges against them and should be provided with a declassified summary of the evidence against them that cannot otherwise be disclosed because of its classified nature.

- The accused should have the right to choose legal counsel.

- The burden of proof that the prosecution must meet in order for a tribunal to convict an individual should be specified.

- The accused should have a single right to appeal the final judgment of the tribunal to the U.S. Court of Appeals for the District of Columbia Circuit and a right to request review of that court's decision by the United States Supreme Court.

- Any death sentence imposed by a military tribunal should require unanimity

- The regulations regarding military tribunals should set forth a detailed definition of terrorism and the jurisdiction of the tribunals should be limited accordingly. In addition, there should be some mechanism for determining preliminarily and with reasonable probability who falls within such definition and is thus subject to trial before a military tribunal."

In their letter, Mr. Tanner and Mr. Harris asserted that "the inclusion of these due process safeguards in the procedures governing military tribunals will not hamper the Government's ability to bring terrorists to justice, but will reaffirm the principles that have made our nation an example around the world of how to achieve justice and security under the rule of law."

For more information, or to contact American Jewish Committee, see their website at: www.ajc.org