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The danger of military trials |
| Amnesty International expresses concern
about President's order for military trials
New policy poses threat to foreign nationals, and
to the rule of law
[11-20-01]
The following is a special News Release Issued by the International
Secretariat of Amnesty International
15 November 2001
==============================
Amnesty International is deeply troubled by the Military Order signed by
President George W. Bush on 13 November allowing for the trial by
special military commissions of non-US citizens suspected of involvement
in "international terrorism."
Since the attacks in the USA on 11 September, Amnesty
International has been calling for anyone suspected of involvement in
these crimes to be brought to justice in accordance with international
standards for a fair trial. This sweeping presidential order bypasses
those fundamental principles, in contravention of US obligations under
international law, specifically the International Covenant on Civil and
Political Rights, ratified by the USA in 1992. As such it is
unacceptable and should be revoked.
Amnesty International is particularly concerned that
the Military Order:
 | is discriminatory by affording foreign nationals a
lower standard of justice than US nationals; |
| gives unfettered and unchallengeable discretionary
power to the executive to decide whom will be prosecuted and under
what rules, as well as to review convictions and sentences. This is
inconsistent with the principle of the separation of the executive
and the judiciary; |
| expressly bypasses the normal principles of law and
rules of evidence applied in the trials of people charged with
criminal offences in the US courts; |
| provides no right of appeal against conviction or
sentence to a higher court, or access to redress for any human
rights violations that may occur during arrest, detention or
prosecution. |
Amnesty International believes that the Military Order
creates a parallel system which violates fundamental principles of
justice in any circumstances, including in times of war. For example,
the 1949 Geneva Conventions, ratified by the USA in 1955, require that
prisoners of war must be tried in courts which guarantee fundamental
rights of fairness, including the right of appeal.
Amnesty International is particularly alarmed that the
death penalty may be imposed by such a tribunal. International standards
require that the legal process in any capital proceedings provide
"all possible safeguards" to ensure a fair trial, including
the right to appeal.
The Military Order creates the risk that people may be
executed after a trial conducted by a court whose decision cannot be
appealed but only reviewed by the executive who selected the individual
for prosecution in the first place.
Amnesty International believes that the Military Order
threatens to severely undermine, rather than reinforce, confidence in
the administration of justice and maintenance of the rule of law. The
organization considers that in proceedings undertaken pursuant to this
order, justice will neither be done, nor seen to be done.
Times of crisis pose particular challenges to
governments. It is precisely in such times that the principles of fair
justice must be scrupulously upheld. The suffering of the victims of the
attacks of 11 September, their families, and the public at large,
deserves no less.
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You may repost this message onto other
sources provided the main text is not altered in any way and both the
header crediting Amnesty International and this footer remain intact.
Only the list subscription message may be removed.
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Some blogs worth visiting |
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Voices of Sophia blog
Heather Reichgott, who has created this new blog
for Voices of Sophia, introduces it:
After fifteen years of scholarship and activism,
Voices of Sophia presents a blog. Here, we present the voices of
feminist theologians of all stripes: scholars, clergy, students,
exiles, missionaries, workers, thinkers, artists, lovers and
devotees, from many parts of the world, all children of the God in
whose image women are made. .... This blog seeks to glorify God
through prayer, work, art, and intellectual reflection. Through
articles and ensuing discussion we hope to become an active and
thoughtful community. |
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Witherspoon’s Facebook page
Mitch Trigger, Witherspoon’s
Secretary/Communicator, has created a Facebook page where
Witherspoon members and others can gather to exchange news and
views. Mitch and a few others have posted bits of news, both
personal and organizational. But there’s room for more!
You can post your own news and views, or initiate
a conversation about a topic of interest to you. |
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John Harris’ Summit to Shore blogspot
Theological and philosophical reflections on
everything between summit to shore, including kayaking, climbing,
religion, spirituality, philosophy, theology, politics, culture,
travel, The Presbyterian Church (U.S.A.), New York City and the
Queens neighborhood of Ridgewood by a progressive New York City
Presbyterian Pastor. John is a former member of the Witherspoon
board, and is designated pastor of North Presbyterian Church in
Flushing, NY. |
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John
Shuck’s Shuck and Jive
A Presbyterian minister, currently serving as
pastor of First Presbyterian Church of Elizabethton, Tenn., blogs
about spirituality, culture, religion (both organized and
disorganized), life, evolution, literature, Jesus, and lightening
up. |
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Got more blogs to recommend?
Please
send a note, and we'll see what we can do! |
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Plan now for our 2010 Ghost Ranch
Seminar!
GHOST RANCH SEMINAR
July 26-August 1, 2010
WE’RE
ALL IN THIS TOGETHER
CONFRONTING THE STRUCTURES OF INJUSTICE |
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If you like what you find
here,
we hope you'll help us keep this website going ... and growing!
Please consider making a special
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out to "Witherspoon Society" and marked "web site," to our
Witherspoon Bookkeeper:
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