[R-G] Pentagon Weighs Military Tribunal Rule

[Anthony Fenton]

Copyright 2006 Associated Press
All Rights Reserved
Associated Press Online

March 22, 2006 Wednesday 5:47 PM GMT

SECTION: WASHINGTON DATELINE

LENGTH: 338 words

HEADLINE: Pentagon Weighs Military Tribunal Rule

BYLINE: By ROBERT BURNS, AP Military Writer

DATELINE: WASHINGTON

BODY:


The Pentagon is considering issuing a written rule barring the use of  
any evidence obtained through torture in the military trials of  
suspected terrorists at Guantanamo Bay, a spokesman said Wednesday.

Bryan Whitman, a senior Pentagon spokesman, said that up to now it  
had been the Pentagon's view that a written rule was unnecessary  
because the military prosecutors had already declared that such  
evidence would not be permitted. He reiterated that Pentagon policy  
bans the use of torture, although critics and some Guantanamo Bay  
prisoners have asserted that some interrogation methods amount to  
torture.

Ten detainees at Guantanamo Bay face terrorism charges before U.S.  
military tribunals the first since the aftermath of World War II. The  
tribunals, officially called commissions, were set up for prisoners  
captured by U.S. forces and their allies, mostly in Afghanistan in  
the months following the U.S. invasion in October 2001.

"We have not, to this point, believed that a specific commission rule  
was necessary, and in fact to some degree would erroneously suggest  
that torture had actually occurred," Whitman said. "That said, we are  
taking a look at whether or not issuing a formal instruction ... that  
bars prosecutors from using this type of evidence is necessary" in  
order to "eliminate any doubt from people's minds" that the U.N.  
Convention Against Torture applies to the Guantanamo cases.

Lawyers for some Guantanamo Bay detainees have claimed that the  
military tribunals are illegal because they could consider evidence  
gained through torture or other forms of inhumane treatment of suspects.

The Wall Street Journal reported Wednesday that the new Pentagon rule  
had already been approved, though not yet publicly released. Whitman  
said that a Pentagon officially had incorrectly told the newspaper  
this, but that in fact final approval had not yet been given. The  
Journal said the new rule was expected to be made public this week.

On the Net:

U.S. Military Commissions at http://www.defenselink.mil/news/ 
commissions.html