Reply #48: Key Elements of Torture Bill "Compromise" from FCNL

[countryjake]

Friends Committee on National Legislation
Key Elements of Torture Bill "Compromise"
http://www.fcnl.org/issues/item.php?item_id=2076&issue_id=70

War Crimes Act Revision

Still eliminates Common Article 3 of the Geneva Conventions as the standard for prosecution

Still allows retroactive immunization from War Crimes charges

Still allows secret CIA prisons, and “disappeared” detainees

Still allows the CIA to use brutal and abusive interrogation techniques

Still prohibits U.S. federal courts from hearing suits based on violation of the Geneva Conventions, for past as well as future suits

**NEW** Gives president legal authority to approve brutal and abusive interrogation techniques by Presidential Order to be published in the Federal Register and treated as an administrative regulation.


Elimination of habeas corpus for U.S. detainees

Still denies habeas corpus to detainees at U.S. facilities outside U.S.


Procedural Rules for Military Commissions

Allows coerced evidence to be introduced against defendant only with military judge’s permission (based on reliability and the probative value of the evidence, the interests of justice). Does not allow evidence elicited by torture to be admitted.

Allows defendant or his attorney to review the evidence to be used against him, with protection built in for intelligence sources, methods or activities.

Still does not have time deadlines before, during, or after the trials

Still authorizes president’s use of “enemy combatant” status (as defined by the president) as the starting point for detention

Still does not permit federal court appeal of finding of guilt. (Merely gives jurisdiction for federal appeals court to examine whether the military commission followed its own procedural rules.)


Mid-day, Sept. 22, 2006