| Release: | Immediate |
| Media contact: | Patricia Gaul |
| Phone: | 202/662-1094 |
| E-mail: | gaulp@staff.abanet.org |
ABA OPPOSES HOUSE LEGISLATION ON MILITARY COMMISSIONS
WASHINGTON, D.C. Sept. 19, 2006 – The American Bar Association urged Congress today not to abandon its obligation to fully comply with international treaty obligations, and to return to the tried and true procedures established in the Uniform Code of Military Justice.
The ABA has, since February 2002, urged the president and Congress to ensure that the rules for any military commissions be guided by the UCMJ to provide the rights afforded in courts martial.
Under the UCMJ, “courts-martial substantially meet the security needs that are most acute for the types of defendants likely to be apprehended abroad for terrorist activities, including the foreign based command and control of al Qaeda,” wrote ABA President Karen Mathis in a letter to all members of the United States House of Representatives as the body begins its consideration of legislation relating to the detention and treatment of individuals in the custody of the United States.
In announcing the association’s opposition to the House bill, H.R. 6054, Mathis wrote, “The military rules of courts-martial are used around the world and have built into the system means for dealing with these very issues.”
In addition, Mathis wrote, “We believe that a fair process requires the opportunity for a defendant to confront the evidence presented against him and are therefore concerned about the treatment of classified and hearsay evidence, as well as evidence obtained by coercion, in the commissions established by H.R. 6054.”
Mathis continued, “The ABA believes it is essential that we establish procedures that inspire public confidence in the system and that we would find acceptable if applied to our own service members.”
“The United States has long served as the model for the world of a civilized society that effectively blends security and human liberty. When we refuse to observe the very international standards for the treatment of detainees, which we were so instrumental in developing, we provide encouragement for others around the world to do likewise,” wrote Mathis.
A full copy of the letter is available at http://www.abanet.org/poladv/letters/109th/natlsec/Hmilcom91906.pdf.
