US terror law may violate international treaties

A key UN rights authority said on Oct. 27 that Washington's new anti-terrorism law could end up violating international treaties protecting detainees, with some provisions denying suspects the right to a fair trial. Martin Scheinin, the United Nations' expert on protecting human rights in the fight against terrorism, said the Military Commissions Act signed into law earlier this month by US President George W. Bush contains provisions "incompatible" with US obligations to adhere to treaties on human rights and humanitarian law. "One of the most serious aspects of this legislation is the power of the president to declare anyone, including US citizens, without charge as an 'unlawful enemy combatant'–a term unknown in international humanitarian law," said Scheinin. As a result, he said, those detainees are subject to the jurisdiction of a military commission composed of military officers–rather than a civilian court of law. He also deplored the denial of the habeas corpus rights of foreigners–including legal, permanent US residents–to challenge the legality of their detention, "in manifest contradiction with" the International Covenant on Civil and Political Rights, a treaty the US ratified in 1992. Another concern, Scheinin said, is the denial of detainees' rights to see evidence that could exonerate them if the evidence is deemed classified. That, he said, "severely impedes the right to a fair trial." In addition to his "numerous concerns" with the new law, he said his reservations also include the USA PATRIOT Act, CIA secret detention centers and the sending of US detainees to other countries. Rights violators cite US Meanwhile, the UN special rapporteur on torture said on Oct. 23 that several governments around the world have tried to rebut criticism of how they handle detainees by claiming they are only following the US example in fighting terrorism. Manfred Nowak said that when he criticizes governments for their questionable treatment of detainees, they respond by telling him that if the United States does something, it must be all right. He would not name any countries except Jordan. "Today, many other governments are kind of saying: 'But why are you criticizing us? We are not doing something different than what the United States is doing,'" Nowak said at a news conference. US seeks to limit detainees' contact The UN officials comments came as the US government proposed limiting contact between defense lawyers and detainees at Guantánamo Bay. The government argues that it must restrict the detainees' communications, as news of world events could incite the prisoners to violence. The US proposed the rules in a filing to a federal appeals court in Washington. The rules, which would apply to detainees pursuing court challenges to their designations as "enemy combatants," would tighten censorship of mail from attorneys and give the military more control over what lawyers can discuss with their clients, according to the filing. The number of face-to-face meetings between defense attorneys and detainees would be limited to four total. Wells Dixon, an attorney at the Center for Constitutional Rights, said he suspects the proposal is aimed at controlling the information coming out of Guantánamo. Accounts from defense lawyers who have visited Guantánamo have cast doubt on government assertions that most detainees are hardened terrorists, Dixon said. "What's happening is the government wants to hide this indisputable fact," he said. "They're not happy we've been able to bring a lot of these developments to light." In 2004, the Supreme Court said detainees can contest the legality of their detentions. A law signed by President Bush on Oct. 17 bars detainees from protesting their detentions in court, but they still have a right to challenge their designations as "enemy combatants." The new rules would restrict legal representation for those challenges. Guantánamo for life Many of the 435 alleged terrorists held at Guantánamo might never go home. More than 300 detainees could remain in US military detention until they die. "Yes, they could be held for the duration of their lives," said Cully Stimson, the Defense Department's assistant secretary of defense for detainee affairs.