Email from Waldo W. Brooks to JoAnn Dolan re: U.S. and Australia Announce Agreements on Guantanamo Detainees

UNCLASSIFIED
Dolan, JoAnn (SBU)
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RELEASED IN FULL
From: Brooks, Waldo W (SBU)
Sent: Wednesday, November 26, 2003 7:17 AM To: Dolan, JoAnn (SBU) Subject: FW: U.S. and Australia Announce Agreements on Guantanamo Detainees
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Original MessageT
From: DoD News (mailto:dlnews sender@DTIC.MIL )
Sent: Tuesday, November 25, 2-T

603 5:44 PM
To: DODNEWS-L@DTIC.MIL
Subject: U.S. and Australia Announce Agreements on Guantanamo Detainees

No. 892-03
IMMEDIATE RELEASE
Nov 25, 2003

(703)697-5131(media)

(703)428-0711(public/industry)

U.S. and Australia Announde Agreements on Guantanamo Detainees

_WASHINGTON, D.C._ -- The United States and Australian governments
announced today that they agree the military commission process provides for a full
and fair trial for any charged Australian detainees held at Guantanamo Bay Naval
Station.

Following discussions between the two governments concerning the
military commission process, and specifics of the Australian detainees' cases, the

U.S. government provided significant assurances, clarifications and modifications
that benefited the military commission process.

After examining the specific facts and circumstances surrounding each
Australian detainee case, the Department of Defense was able to provide the
following assurances, which are case specific:

The prosecution has reviewed the evidence against the Australian
detainees, and based on that evidence, the prosecution would not seek the death
penalty;

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The security and intelligence circumstances of Mr Hick's case are such
that it would not warrant monitoring of conversations between him and his counsel;

If David Hicks is charged, the prosecution does not intend to rely on
evidence in its case-in-chief requiring closed proceedings from which the accused
could be excluded; and

The U.S. and Australian government will continue to work towards putting

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UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM J GEHRON _

DATE/CASE ID: 06 DEC 2004 200303827 UNCLASSIFIED DOS-001325
arrangements in place to transfer NiclkINCfLcASSIKEDAustralia to serve any
penal sentence in accordance with Australian and U.S. law.

Subject to any necessary security restrictions, military commissions
will be open, the media present and appropriately cleared representatives of the
accused's government may observe the proceedings;

If an accused is convicted, the accused's government may make
submissions to the Review Panel;

If eligible for trial, and subject to security requirements and
restrictions, an accused may be permitted to talk to appropriately cleared family
members via telephone, and two appropriately cleared family members would be able to
attend their trial; and,

An accused may choose to have an appropriately cleared foreign attorney
as a consultant to the Defense Team. Foreign attorney consultant access to
attorney-client information, case material or the accused will be subject to
appropriate security clearances and restrictions and determined on a case-by-case
basis.

The assurances are in addition to other military commission procedures
Which already provide for the presumption of innocence, proof of guilt beyond a
reasonable doubt, representation by a competent and zealous defense counsel free of
charge, no adverse inference for choosing to remain silent and the overall
requirement that any commission proceedings be full and fair.

The Department of Defense is in the process of drafting clarifications
and additional military commission rules that will incorporate the assurances where
appropriate.

[Web Version: http://www.dod.mil/releases/2003/nr20031125-0702.html)

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UNCLASSIFIED_ DOS-001326