U.S. military commission trials of Guantanamo terrorism suspects
will be tainted by coercive tactics such as waterboarding
used to obtain evidence and should be scrapped, human rights
groups said on Monday.
A report by advocacy group Human Rights First said the use
of evidence obtained by "torture and other inhuman treatment"
is systematic at the U.S. detention center at Guantanamo Bay,
Cuba, and has already tainted legal decisions there.
It called for transferring terrorism trials to military courts-martial
or civilian courts, which bar the use of evidence obtained
by coercion. The Pentagon defended the military commission
system as appropriate and lawful, but rights groups and a
military attorney for one of the suspects said it was fatally
flawed.
"This system flies in the face of law that has been
in place for more than 200 years in this country. It taints
the legitimacy of proceedings both at home and internationally,"
said Deborah Colson, a co-author of the report.
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The report comes as military lawyers prepare for hearings
this week in the Guantanamo war court for three prisoners,
including Canadian captive Omar Khadr, who is accused of throwing
a grenade that killed a U.S. soldier in Afghanistan. Charges
are pending against 12 Guantanamo detainees, including six
who are accused of involvement in the September 11 attacks
and would face execution if convicted.
It also comes two days after President George W. Bush vetoed
a bill to bar the CIA from using waterboarding and other interrogation
techniques not authorized in the U.S. Army's Field Manual.
The CIA has acknowledged using waterboarding on three terrorism
suspects, including accused September 11 mastermind Khalid
Sheikh Mohammed, but says it stopped in 2003. It says about
one-third of the 100 suspects in its terrorism detention and
interrogation programs were subjected to harsh interrogation
techniques.
ALLEGING ABUSE
The Human Rights First Report said it had identified at least
66 detainees -- including Khadr -- who allege abuse at the
hands of U.S. interrogators. The tally is based on what the
group said were reliable news reports, government transcripts,
detainee attorneys and other human rights projects.
It said the military commission system established in 2006
for trying terrorism suspects allows the use of evidence obtained
by coercion if it is determined to be reliable and to serve
"the best interest of justice."
But the report said such evidence has regularly proven unreliable
and complicates prosecution of people even indirectly implicated
by such evidence. Coerced statements are barred from civilian
U.S. courts and the regular military justice system.
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