Obama to restore Bush-era military tribunals with more defendant protection

2009-05-16 10:06 BJT

WASHINGTON, May 15 (Xinhua) -- U.S. President Barack Obama announced Friday that he has decided to reinstate Bush-era military tribunals to try some of detainees held at the Guantanamo prison, with more protections provided for the defendants.

The president said he "will begin to restore the Commissions as a legitimate forum for prosecution," while bringing the detainees "in line with the rule of law."

In addition, Obama said he will work with the Congress on additional reforms that "will permit the tribunals to prosecute terrorists effectively."

Some other detainees will be tried at federal courts, he added.

"This is the best way to protect our country, while upholding our deeply held values," said Obama.

The president stressed he always supports the use of military tribunals formally called as Military Commission, but opposes the former Bush administration's version of such tribunals, which gives few rights to the defendants.

"Military commissions have a long tradition in the United States. They are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered," Obama said.

"In the past, I have supported the use of military commissions as one avenue to try detainees ... But I objected strongly to the Military Commissions Act that was drafted by the Bush Administration and passed by Congress," he said.

Obama said the Bush-era military tribunals "failed to establish a legitimate legal framework and undermined our capability to ensure swift and certain justice against those detainees that we were holding at the time."

The president said Secretary of Defense Robert Gates will notify the Congress of several changes to the rules governing the commissions to provide better protections for defendants.

The objective of the changes will be: First, statements that have been obtained from detainees using cruel, inhuman and degrading interrogation methods will no longer be admitted as evidence at trial.

Second, the use of hearsay will be limited, so that the burden will no longer be on the party who objects to hearsay to disprove its reliability.

Third, the accused will have greater latitude in selecting their counsel.

Fourth, basic protections will be provided for those who refuse to testify.

Finally, military commission judges may establish the jurisdiction of their own courts.

In 2006, former President George W. Bush established the Military Commission system to try detainees held at the U.S. military base in Guantanamo Bay, Cuba.