Colcam: Rewriting The Rules Of Civilized Justice.

Friday, January 19, 2007

Rewriting The Rules Of Civilized Justice.

"As a general matter,
hearsay shall be admitted
on the same terms
as any evidence".......

America’s defence department have come up with new rules for the trials of terrorism suspects which, they say, will "afford all the judicial guarantees which are recognised as indispensable by civilized people".

They have released a manual which would allow suspects to be convicted and even executed on the basis of hearsay evidence.

Coerced testimony would also be allowed, if obtained before December 30, 2005, and deemed reliable by a judge, but statements obtained through torture and "cruel, inhuman or degrading treatment" will be prohibited.

The rules are described by the defence department as fair.

There are presently 400 people captive in Guantanamo Bay, and trials are planned for at least 10, with the possibility of another 60 to 80 in the future.

This is a US Torture Camp, yet we are asked to believe that any trial of detainees will be fair, and that, while some may have been ‘coerced’ into statements that could lead to their execution, the 'coercion' does not amount to torture, cruelty, inhumanity or degradation.

"Judicial guarantees which are recognised as indispensable by civilized people" would insult the intelligence of any banana republic dictator and his dog, yet the deputy to the defence department's top counsel presumably uttered the words with a straight face and without a hint of a blush.

From The Universal Declaration of Human Rights.

Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.
Everyone has the right to recognition everywhere as a person before the law.

Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

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Labels: America, Justice, Liberty, War