Letter from a British Citizen 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.
UNCLASSIFIED
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Date:.20 July 2003
To fax:.001 202 4556 2461
TOTAL PAGES: 2
COPY FOR COLIN POWELL
President George W Bush The White House
RELEASED IN PART
Washington DC USA
B6
Dear Mr President,
I am a.ritish citizen who is deeply concerned about US violations of
interna a.rights law in the prison camp at Guantanamo Bay.
I call on you to repeal the Military Order on the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism of 13th November 2001. This order is illegal under international law and contradicts UN resolutions ruling that "any measure taken to combat terrorism must be in accordance with international law".
Specifically the military commissions empowered under the order would contravene various international standards including:
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They will lack independence from The Executive almost totally.
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There will be no right of appeal to an independent and impartial court. This is egregious since the commissions can pass death sentenws. Under international standards capital cases must be guaranteed fairness by government::, this would include a right of appeal.
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The right to choice of counsel and effective defence is restricted. Without payment only military lawyers will be provided. Defence lawyers will not have access to classified documents that would be pertinent to the defence. Lawyer-client confidentiality is not guaranteed.
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Since US citizens cannot be subject to the Military Order, the Order violates the basic principle prohibiting discrimination based on nationalility.
Additionally I deeply regret that now six detainees have actually been named under the Military Order, including Feroz All Abbasi, Moazzam Begg, David Hicks and three others who remain incommunicado.
None of these six detainees should be transferred before military commission. Justice will neither be done, nor be seen to be done in commission proceedings.
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: FRANK E SCHMELZER DATE/CASE ID: 30 SEP 2004 200303827
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The six, and all other detainees at Guantanamo Bay, must either be promptly charged with recognizible criminal offences and brought to fair trial under international standards, or immediately and unconditionally released.
As an additional point I would add my opposition to the use of the death penalty under any circumstances - including in cases of terrorism convictions.
The conduct of the US is deeply regrettable since it badly undermines the US's claims to be committed to international law. The Military Order, the camp at Guantanamo Bay and the conduct of US personnel at that camp is a disgrace and the height of hypocrisy.
Thank you for your consideration, I look forward to your prompt response.
Yours sincerely,
Robin Oakley
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