Amnesty International USA

The America We Believe in Would Preserve Fair Trials and Humane Treatment

Recently the Supreme Court struck down the President's Military Commissions and restored minimum Geneva Conventions protections to people in US custody, but now the President has asked Congress to authorize military commissions proceedings similar to those that were struck down. In addition, the President has asked Congress to codify the indefinite detention regime and to provide immunity for the CIA, civilian contractors, and Administration officials who may have violated the War Crimes Act. Act urgently to tell Congress to uphold fair trials and ensure those involved in human rights abuses are held accountable.

Uphold Fair Trials and Judicial Review

I urge you to uphold the Supreme Court's important ruling in Hamdan v. Rumsfeld that provides for fair trials and internationally recognized standards for care and treatment of people in detention. I applaud the new Army Field Manual and accompanying directive which reaffirm that Common Article 3 protections apply to all detainees and explicitly prohibit egregious interrogation techniques. However, I am concerned that the President has asked Congress to pass legislation that may undermine the Court’s decision and core principles of justice and accountability.

The President recently acknowledged publicly for the first time that the CIA had been holding detainees in secret prisons, which is illegal under international law. He then announced that the final 14 detainees had been transferred to Guantanamo and would be facing trial by military commissions. Considering that many of those in Guantanamo have been in detention for almost 5 years, some of them held incommunicado, the need for fair trials and judicial review is acute.

Specifically, I ask that you reject any proposal that would:
  - create unfair trials that do not meet international fair trials standards, including trials that would allow the defendant to be convicted on the basis of secret evidence;
  - codify a broad definition of "unlawful enemy combatant" that would allow the United States to detain any person anywhere in the world indefinitely;
  - restrict the right of people in detention to seek judicial review through habeas corpus proceedings; or
  - provide retroactive immunity to anyone who may have been involved in committing war crimes.

The Supreme Court has spoken clearly on this issue. Congress should ensure that any trial of a suspect in US custody be in accordance with the core principles of fairness and justice that the United States was founded on, and that no one is detained indefinitely without charge or access to independent judicial review. I look forward to hearing from you this matter.

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Tags ::  Politics · Rule of Law · Bush · Cheney Administration