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DOS Cable re: OSCE Human Rights and Terrorism Intervention

Sept. 16, 2003 | DOS | ACLU-RDI 4335
This State Department cable provides talking points for a presentation to the Netherlands-Helsinki Committee meeting in the Hague in September 2003. The statement is about the military commissions and the Taliban and Al-Qaeda fighters who will be tried in Guantanamo. The points being made are i) The Military Commissions will be impartial; ii) there is a presumption of innocence of the accused iii) a death penalty decision can only be imposed by a unanimous decision of the panel members; iv) the accused are not required to testify, and no adverse inference may be drawn from a refusal to testify; v) the proceedings will be open to the public to the maximum extent possible; vi) the accused my present witnesses and evidence at trial and will be afforded the opportunity to cross-examine witnesses and challenge evidence presented against him at trial; vii) the accused will be represented by counsel; and viii) the prosecutor will provide the accused of evidence intended to be presented at trial and exculpatory evidence.