Independent Digital (UK) LtdTomorrow for the first time since the Second World War, America will start a series of military tribunals to prosecute four of the 600 prisoners it is holding at Guantanamo Bay. ..
"We're concerned that the military commission rules lack key fair-trial protections," said Wendy Patten, a director of Human Rights Watch, based in New York. "Under these rules, the military serves as prosecutor, judge, jury, appeals court and, potentially, even as executioner. The commission rules do not create a level playing field. The military commissions offer no possibility for independent appeal, no matter how serious the error. A fair system of justice provides an opportunity for trial mistakes to be corrected through independent review." ..
Critics say the tribunals are heavily stacked against the men having a fair trial because of the rules regulating the hearings. Louise Christian, a solicitor who represents Mr Abbasi's family, said: "These tribunals breach every norm for a fair trial."
Defendants and their lawyers have no right to see evidence used by prosecutors, conversations between defendants and their lawyers will be monitored, there will be no jury, just a panel of military judges, and the legal standard required for a conviction is a lower than in normal civilian courts. ..
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The prisoners have had little contact with their lawyers. Mr Hicks and others selected for military tribunals are believed to have been held in solitary confinement for almost 30 months.
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