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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:

bulletis discriminatory by affording foreign nationals a lower standard of justice than US nationals;
bulletgives 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;
bulletexpressly bypasses the normal principles of law and rules of evidence applied in the trials of people charged with criminal offences in the US courts;
bulletprovides 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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Visit our lively
new website!

GA actions ratified (or not) by  the presbyteries   

A number of the most important actions of the 219th General Assembly have now been acted upon by the presbyteries, confirming most of them as amendments to the PC(USA) Book of Order.

We provided resources to help inform the reflection and debate, along with updates on the voting.

Our three areas of primary interest have been:

bullet Amendment 10-A, which  removes the current ban on lesbian/gay/bisexual/transgender persons being considered as possible candidates for ordination as elder or ministers.  Approved!

bullet Amendment 10-2, which would add the Belhar Confession to our Book of Confessions.  Disapproved, because as an amendment to the Book of Confessions it needed a 2/3 vote, and did not receive that.

bullet Amendment 10-1, which  adopts the new Form of Government that was approved by the Assembly.   Approved.
 

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Some blogs worth visiting

PVJ's Facebook page

Mitch Trigger, PVJ'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.

 

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.

 

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.

 

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.

 

Got more blogs to recommend?

Please send a note, and we'll see what we can do!

 

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