LCHR Urges Pentagon to Open Military Commission Trials to NGO Observers

The letter, which was sent to Brigadier General Thomas L. Hemingway, Legal Adviser to the Appointing Authority in the Defense Department Office of Military Commissions, explains the Lawyers Committee’s belief that “it is essential that procedures be put in place now to ensure that representatives from independent, non-governmental organizations experienced in trial observation will have the opportunity to observe and comment upon these historic proceedings.”

This is not the first time the Lawyers Committee has written to the Pentagon seeking assurances that the Defense Department would not arbitrarily deny independent human rights lawyers authorization to observe military commission proceedings. On June 18, the Lawyers Committee wrote Defense Department General Counsel William Haynes with a similar request. The Pentagon has yet to respond to that letter.

“The international community has long looked to the United States as a model for the conduct of fair trials. A key challenge the Pentagon faces if it is to conduct commission trials is demonstrating to the world that the United States continues to deserve that distinction,” said Deborah Pearlstein, Director of the Lawyers Committee’s U.S. Law and Security Program. “Welcoming the participation of neutral, independent observers is an essential step toward establishing international confidence that trials for those held at Guantanamo Bay will be fair and just.”

The letter to Brigadier General Hemingway also detailed other improvements that should be made to commission rules, such as the implementation of an independent appeals process, to bring the proceedings in line with U.S. and international fair trial standards.