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Associated PressBy MICHAEL MELIA and ANDREW O. SELSKY, Associated Press Writers
38 minutes ago
SAN JUAN, Puerto Rico - If six suspected terrorists are sentenced to death at Guantanamo Bay for the Sept. 11 attacks, U.S. Army regulations that were quietly amended two years ago open the possibility of execution by lethal injection at the military base in Cuba, experts said Tuesday...Conducting the executions on U.S. soil could open the way for the detainees' lawyers to go to U.S. courts to fight the death sentences. But the updated regulations make it possible for the executions to be carried out at Guantanamo. The condemned men could even be buried at Guantanamo. A Muslim section of the cemetery at Guantanamo has been dedicated by an Islamic cultural adviser, said Bruce Lloyd, spokesman for the Guantanamo Naval Station. Among those buried elsewhere at the cemetery are U.S. servicemen.
Up until recently, experts on military law said, it was understood that military regulations required executions to be carried out by lethal injection at Fort Leavenworth in Kansas. But in January 2006, the Army changed its procedures for military executions, allowing "other locations" to be used. The new regulations say that only the president can approve an execution and that the secretary of the Army will authorize the location...The last U.S. military execution was in 1961, when President Kennedy signed off on the hanging of Army Pfc. John A. Bennett for the rape and attempted murder of an 11-year-old Austrian girl...
The Bush administration has instructed U.S. diplomats abroad to defend its decision to seek the death penalty for the six men by recalling the executions of Nazi war criminals after World War II...A four-page cable sent to U.S. embassies and obtained Tuesday by The Associated Press says that execution as punishment for extreme violations of the laws of war is internationally accepted. The cable points to the 1945-46 Nuremberg war crimes trials in Germany. Twelve of Adolf Hitler's senior aides were sentenced to death at the trials, though not all were executed in the end...No death chamber is known to exist at Guantanamo, but Scott Silliman, a former Air Force lawyer and who is now a Duke University professor, said the military may decide to build one there. The 2006 Army regulations also call for a viewing room to the death chamber, where at least two news media representatives would be witnesses.
The trial for the six detainees is still months away. And given the slow pace of the military commissions at Guantanamo Bay, verdicts are unlikely before President Bush leaves office next January.
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