Written question asked by Lord Lester of Herne Hill (Liberal Democrat), in the House of Lords. It was due for an answer on Friday, 18 July 2003. It was answered by Baroness Symons of Vernham Dean (Labour) on Friday, 18 July 2003.

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Symons of Vernham Dean, Baroness

Question

Whether they will obtain and publish, in relation to the British citizens facing the possibility of trials before military commissions in Guantanamo, copies of: (a) President Bushs Military Order of November 2001 authorising trials outside the normal federal and military courts; (b) the Military Commission Order of March 2002; (c) the eight Military Commission Instructions issued by the United States Defence Dept on 30 April 2003; and (d) the Defence Departments announcement made in May 2003 of the appointment of officials who will administer the Military Commissions; and Whether it is the case that, under the rules published by the United States government for the trial by Military Commissions of British citizens and others held at Guantanamo: (a) The Military Commissions structure and composition will be under the complete control of the President with no appeal to any civil court; (b) the jurisdiction of the Military Commissions will cover areas not previously subject to military law or military courts; (c) Military Commission trials may take place wholly in secret; and (d) a guilty verdict for capital and other offences may be made by a two-thirds vote of commissioner members; and Whether it is the case that, under the rules published by the United States government for the trial by Military Commissions of British citizens and others held in Guantanamo: (a) defendants will be denied a legal remedy for violation of any procedural or other protections in the Military Commission Instructions that might benefit them; (b) Military Commission defendants may be represented without their consent by Military Commission lawyers assigned to them; (c) as regards civilian defence lawyers, unless a defendant or his family or friends can provide funding, civilian defence lawyers will have to pay for their own security clearance investigations and all personal and case-related expenses, and will largely be confined to the premises of Military Commission proceedings; (d) communications between defendants and their lawyers may be monitored by the Defence Department; and (e) potentially exculpatory information may be withheld from military defence counsel if the prosecution does not intend to introduce such evidence at trial. [HL 3933] [HL 3934] [HL3935].

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Secondary information

Type

Written question

Reference

HL 3933; 651 c190-1WA

Session

2002-03

Subjects

Access Disclosure of information Appeals Courts Detainees Armed forces Armed conflict British nationality Civilians Finance Evidence Jurisdiction Legal representation Legal costs Monitoring Military law Trials USA Afghanistan Guantanamo Bay Legal remedies Secrecy