Wednesday, March 9, 2011

Obama revived the trial of Guantanamo detainees

The Obama administration has lifted Monday the suspension of new trials of detainees before military tribunals at Guantanamo and put in place a process for continued detention of those who have not been prosecutions. President Barack Obama has ordered the Defense Department to cancel a decree which suspended the introduction of new charges in military courts of the camp.

The president had to suspend new trials in the military prison in early 2009, shortly after taking office. Obama also signed on Monday a decree authorizing the continued detention of some Guantanamo prisoners who have been neither charged nor convicted, or designated for transfer, but are considered a threat to national security USA.

The White House said that Mr. Obama remained committed to close the Guantanamo prison term, but advance the date. In May 2009, the President reminded not to be against the principle of special courts to try terror suspects, but reject the way they were designed by his predecessor. The freeze on trial at Guantanamo had been one of the first acts of the new American president, eager to mark a clear break with the Bush years.

Specifically, the White House will ask the defense secretary, Robert Gates, to refer new defendants in court at Guantanamo, reformed in 2009 by the Democratic administration and Congress to give more rights to defense and prohibit statements made under duress. Among them, the most anticipated is that of Abd al-Rahim al-Nashiri, prime suspect in the bombing of the warship USS Cole in 2000 in Yemen.

The future justice of the five men accused of organizing the attacks of Sept. 11 is also pending. For administration, it is an "important tool in combating international terrorism, which falls under our jurisdiction, while upholding the rule of law." But she reiterated Monday his determination to organize some trial courts of general jurisdiction.

Meanwhile, a new decree regulates the indefinite detention of more than 40 of the 171 current detainees at Guantanamo, as judged too dangerous to be released but against whom the evidence is insufficient or inadmissible. A hearing before a board bringing together civilian and military allow the prisoner to present his defense.

The prosecution must provide upstream all the elements necessary to prepare his case. Following that hearing, a review of documents on a change in circumstances will be organized every six months for three years, before holding a new hearing. A review of the administration's efforts to repatriate or send detainees to third countries will also be performed within a year and then "at least four years later," to verify that "continue to lock up prisoners of war remains consistent with the interests of the United States.

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