Letter to Colin L. Powell re: Request to repeal the Military Order: Detention, Treatment, and Trial of Certain Non-Citizens in the War on Terrorism

Letter from an activist denouncing the President's November 13, 2001 Military Order: Detention, Treatment, and Trial of Certain Non-Citizens in the War on Terrorism. The letter also expresses the author's regret that six detainees, including, Abbasi, Begg and Hicks were named in the order and will be brought before a military tribunal.

Friday, July 25, 2003
Monday, November 22, 2004


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2SJuly 2003
Colin Powell, S.c~.ta~y 01 Stat_
2201 C St~••t. N.W. Wa&hington DC. USA RELEASED IN PART

Fa~: • , 202 647 22 83
D.o~ S.c~.tory of Stat••
As a lav,er and en activist in the promotion of human rights
I take 8 neutral position in the politicS of foreign countries.
My activities are restricted to th~ most eleaental form~ of
human justice. Therefore I would 11~e to express my utmost concern about the situetion in the US NaVBIBase in Guantar.:lmo Bay, Cubs.
With regard to this Amnesty International has s~ked me to sdress
myself to you with the following recommendations! , To the US authorities: . -calling for repeal of the Military Order and regretting that six detainees have been named under it; -urging thlll none ofthe SIX be rcfem:aTor trial before military commission, as justice will neither be donc nor be 5cen to be done in such proceedings: . -calling for the six to be charged with recognizably criminal offences, brougbt to cial in proceedings which meet intemationalstandards for fair trial. including the right to IIp~I, or else released; -opposing 1lr1)1 usc of the death penalty; -regretting fhat by such conduct. the USA is undermining its claims to be committed to the rule: orlaw.
Fer-ox All Abbasi (m), UK national, aged 13
Moazzam Bezl (m). VKIP.Jdltan lIatloaal, ~ed35
David Hicks (m), Australian natloaal, a,ed 17

and three other nOD-VS pat/oual•• identltle. aad aadonalltles unknown
Amnesty In~lionaJ believes that the Military Order sho\lJc1 be revoked. and1hat any trial before the military conunislions would contravC21e intematfonil IiiIlCLVdi:

The ~AjOQJ will lack indepeJJdence from the executive. The eltecutive has the power to Damc wbo
will be ai·cd by the comroissiona, to appoint or to remove co:nmission mcmbers, to pick the panel that will
review convictions. ~to malc.c: the final deeaion In any ease.
TheTe will be no risht ofappeal to Ilr1 indcpc:ndenr and impArtial coW"t es bliabe4 by law. The commlssiOllS
c;an pass death &entences. Under international atlmdards, gov=mmentll m r eDSw-e panicular TC$peet far all
fair trial ri&hts In capital cases, including the right to appeal.

• 1'Ju; right to cowuel orchoice and to an effective defence if mtricted. eCeudants will be provided with
military lawycn and 'WOuld have to pa), to n:taia • eivilian lawyer.

ong other rca1rict!ON, civilian
lawycn may not bave ~to classified inColTDatign or closed proc ings. In addition, lawyct/client
cOtJlidentiaJity ;. rwt gu&l1IlJ~

• US citizens cannot be lubjc(:t to the Militazy Order and will DOt be tri by military commiSSion. even if' 1UXWe4 oftbe same offence as a foreign natlonaJ. 1ntematiollal law prob its discrimination on the basi.. of nalJonaUry Widl rc~10 fiUr mill rigb~. The commiAionli wuuld .no lOWeT SfaDd.4rd ofevidence: than .is admwible in ordinary courm
I assure you that r fully 8gree vith these recommendations
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DATE/CASE 10: 30 SEP 2004 200303827 UNC ASSIFlED