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Sent: Tuesday, February 24, 2004 5:39 PM
Subject: [unioNews] Fwd: U.S.: Pentagon Denies Access to Guantanamo Trials


From Human Rights Watch 


U.S.: Pentagon Denies Access to Guantanamo Trials
Human Rights Groups Shut Out of Military Commissions

(Washington, February 24, 2004) -- The Pentagon has refused to
allow three leading human rights groups to attend and observe
military commission trials of detainees at Guantanamo Bay.

In a letter sent last week to U.S. Secretary of Defense Donald
Rumsfeld, Amnesty International, Human Rights First (formerly
the Lawyers Committee for Human Rights) and Human Rights Watch
protested their exclusion from the proceedings and urged the
U.S. government to rethink its position.

Despite the Bush administration's promise that the commissions
would be open to the public, the Pentagon has refused to grant
any of these organizations permission to attend the
proceedings. Over the last month, the Department of Defense
has responded to written requests from Amnesty International
and Human Rights Watch, with a brief statement that it
intended only to provide seating for select members of the
press and for the International Committee of the Red Cross
(ICRC).

"The Defense Department wants to control who can talk to the
journalists covering the trials," said Wendy Patten, U.S.
advocacy director at Human Rights Watch. "The Pentagon has
imposed a gag rule on defense lawyers, who can only speak to
the press with the military's permission. Now it wants to shut
out experienced trial observers who could provide the public
with independent analysis."

The three human rights groups have been deeply involved in
monitoring sensitive trials, including trials for war crimes
and crimes against humanity, and assessing them against
international standards. By attending the commissions, they
could provide the public with independent and informed
analysis of the trials. With the Pentagon's decision to deny
access to human rights groups, however, journalists covering
the trials will be able to talk only to military officials
about the proceedings.

Under the current commission rules, neither civilian nor
military defense lawyers can speak to the press unless they
have received prior permission from the military officials in
charge of the proceedings. Even if permission is granted, it
may be limited to certain topics. In addition, defense lawyers
are prohibited from saying anything about closed portions of
the trials, even if their statements would not reveal
classified or sensitive information. The ICRC, an independent
humanitarian organization that monitors compliance with the
Geneva Conventions, is unlikely to offer public comment on the
trials because it operates through confidential communications
with governments.

"The U.S., in the State Department's Country Reports on Human
Rights, annually criticizes other governments for failing to
accommodate trial monitors," said Alex Arriaga, director of
government relations at Amnesty International USA. "Allowing
media coverage while pleading insufficient space for human
rights groups smacks of fear of informed criticism, and will
only fuel the perception that tribunals will be show trials."

In its written response, the Department of Defense refused to
allow Human Rights Watch and Amnesty International to attend
the military commissions on the basis of "limited courtroom
seating and other logistical issues."

The size of the courtroom, or any overflow room with video
access, is a limiting factor in any trial. However, the human
rights groups pointed out that such factors should not be used
as a pretext to exclude a whole category of observers with
internationally recognized expertise in trial monitoring. Even
acknowledging the unique difficulties caused by holding the
commissions at the U.S. naval base in Cuba-a problem of the
Bush administration's own making-the government should not be
allowed to select observers in an effort to control coverage
of these internationally significant trials.

Courtroom seating for independent human rights groups could be
handled through a pool process, just as the Pentagon is
currently putting in place for the media.

"These space constraints are being used as a pretext to keep
out groups who have been critical of the commissions," said
Elisa Massimino, Washington Director of Human Rights First.
"The Pentagon used its promise that the trials would be open
to the public to reassure people that the trials would be
fair. But now it appears `open' doesn't really mean open. It
means `open only to hand-picked press and not to anyone who's
been critical.'"

The three organizations wrote separately to the Pentagon
beginning in May 2003 to request access to Guantanamo Bay,
Cuba, in order to observe the military commission proceedings.
Each group followed up with its request in writing or by
phone. Amnesty International received a response in January,
and Human Rights Watch in February. Human Rights First has
still not received any reply.

To read the letter sent to U.S. Secretary of Defense Donald
Rumsfeld, please see:
http://hrw.org/campaigns/september11/detainees/jointletter0220
04.pdf

To read the letter sent to Human Rights Watch by the
Department of Defense, please see:
http://www.hrw.org/pub/2004/dodresponse021104.pdf


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