-Caveat Lector-

Kafka's nightmare blossoms into 21st Century American
life.  Frightening.

http://observer.guardian.co.uk/international/story/0,6903,992467,00.html

Confess or die, US tells jailed Britons

Outrage over plight of Guantanamo detainees

Martin Bright, Kamal Ahmed and Peter Beaumont
Sunday July 6, 2003
The Observer

The two British terrorist suspects facing a secret US
military tribunal in Guantanamo Bay will be given a
choice: plead guilty and accept a 20-year prison
sentence, or be executed if found guilty.
American legal sources close to the process said that
the prisoners' dilemma was intended to encourage
maximum 'co-operation'.

The news comes as Jack Straw, the Foreign Secretary,
prepares to urge US Secretary of State Colin Powell to
repatriate the two Britons. He will say that they
should face a fair trial here under English law.
Backed by Home Secretary David Blunkett, Straw will
make it clear that the Government opposes the death
penalty and wants to see both men tried 'under normal
judicial process'.

Lawyers acting for Moazzam Begg, 35, from Sparkbrook,
Birmingham, and Feroz Abassi, 23, from Croydon, said
that any confessions gathered while the men were kept
without charge or access to lawyers in Bagram airbase
in Afghanistan and Camp Delta in Cuba would have no
status in international law and would be inadmissible
in British courts.

Gareth Peirce, who acts for Moazzam Begg, said:
'Anything that any human being says or admits under
threat of brutality is regarded internationally and
nationally as worthless. It makes the process an
abuse. Moazzam Begg had a year in Bagram airbase and
then six months in Guantanamo Bay. If this treatment
happened for an hour in a British police station, no
evidence gathered would be admissible,' she said.

Stephen Jakobi of Fair Trials Abroad, which is leading
the campaign for the two men, said: 'Our concern is
that there will be no meaningful way of testing the
evidence against these people. The US Defence
Department has set itself up as prosecution, judge and
defence counsel and has created the rules of trial.
This is patently a kangaroo court.'

Begg's family believe he was kidnapped in Pakistan by
US authorities. He was taken to Bagram on suspicion of
passing funds to al-Qaeda and later transferred to
Camp Delta. He has not seen a lawyer since he was
seized.

In a clear signal of the high lev els of concern
within the Government, the acting British ambassador
in Washington, Tony Brenton, will raise 'official
concern' with the White House.

According to US legal and constitutional experts, the
Final Rule, the regulations that will govern the
military commissions, has rendered a fair trial almost
impossible.

Among those representing the two British men in the
United States is Michael Ratner, of the Centre for
Constitutional Rights, who believes the tribunals are
weighted in favour of securing guilt verdicts.

'The trial system in Guantanamo Bay allows a whole
series of serious breaches of defendant rights that
would mean that they could never come to trial in the
US.

'First, it allows the wiretapping of attorney-client
meetings, although those wiretaps cannot actually be
used in evidence. Then there is the fact that the
Pentagon "Appointing Authority" - probably US Defence
Secretary Donald Rumsfeld - has the ability to remove
a judge at any time without giving any reason.'

Among other concerns about the 50-page Final Rule,
which was published by the Department of Defence last
week for governing the trials, are:

· that rules of evidence are so broad that it is left
at the discretion of the trial's presiding officer
whether to allow any evidence he believes would be
convincing to a 'reasonable person' and that that
would appear to allow the admission of hearsay
evidence; · that evidence can be admitted by telephone
and by pseudonym; · that it is insisted that only
security-screened civil attorneys be allowed to appear
before the court and they can also be removed at any
time.

The concerns follow allegations by Amnesty and other
human rights groups that US detainees in Guantanamo
Bay have suffered severe abuse, including beatings
that may have led to the death of two men held at the
US detention facility at Bagram.

In March, Amnesty wrote to President Bush to complain
about the treatment of detainees after US military
officials reportedly confirmed that post-mortem
reports in the cases of the two men who died at Bagram
gave cause of death as 'homicide' and 'blunt force
injuries'.



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