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DOS Cable re: Presentation to the Organization for Security and Co-operation in Europe (OSCE) Concerning Guantanamo and Military Commissions

Sept. 3, 2003 | DOS | ACLU-RDI 4406
State Department talking points to present at the Organization for Security and Co-operation in Europe meeting in Vienna. The points being made cover many world issues such as human trafficking and combating anti-Semitism and greater cooperation between the U.S. and European allies. There is significant portion of the letter devoted to Guantanamo and Military Commissions. The points to make 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, and cross-examine witnesses and challenge evidence presented against him; 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.