*EPF516 05/23/2003
Full and Fair Trials Are Goal of U.S. Military Commissions
(Defense Department Report, May 22: Military Commissions) (600)

The Defense Department has taken another step toward the possible formation of military commissions to try enemy combatants who may have been involved in terrorist activities, by announcing the names of several key commission officials and detailing the process for pre-qualifying civilian lawyers who may act on behalf of the defendants.

Army Colonel Fred Borch, who has been named as the acting chief prosecutor, told reporters at the Pentagon May 22 that President Bush must make the decision on whether or not anyone is subject to the jurisdiction of a military commission -- something he has not yet done. The prosecution team that is now being formed includes uniformed service members from the Air Force, Navy, Army, Coast Guard and Marine Corps.

Borch said that military commissions are typically used to prosecute the laws of war, and that hundreds of such commissions were convened to prosecute war crimes following World War II. He added that each commission is presided over by a judge advocate and has three to seven panel members to complete the unit.

The goal of the commissions, which may try individuals who have allegedly carried out terrorist attacks at the bidding of al-Qaeda or other terrorist groups, is to guarantee "a full and fair trial" for the accused, Borch said.

Air Force Colonel Will Gunn, who has been named acting chief defense counsel, told reporters in a subsequent briefing that there will be "a zealous defense for all detainees." The world community will judge the commission process ultimately, he said, by whether it is seen as "fair and just." Gunn noted that all detainees have the right to military counsel and may have civilian counsel as well if they wish to hire additional counsel.

Just as in a civilian court of law, a guilty conviction in a military commission carries with it the burden of proof on the part of the prosecution to determine guilt beyond a reasonable doubt, according to the acting chief defense counsel. A review process is also built into the military commission system.

The commissions are not being prepared to try individuals who may have been taken into custody as part of "Operation Iraqi Freedom."

Borch said he is currently evaluating the merits of the cases for a number of individuals. Marine Lieutenant Colonel William Lietzau, who is the outgoing acting chief prosecutor, acknowledged during the briefing that ongoing terrorist hostilities complicate prosecution efforts. Borch noted that any enemy combatants captured during a period of hostilities may be detained for the duration of the conflict or as long as the global war against terrorism lasts.

"Although the President has not made a determination that anyone will stand trial by military commission, we have the responsibility to be ready should he make that decision," according to Deputy General Counsel Paul Koffsky.

For that reason, the Defense Department is moving ahead to pre-qualify civilian defense counsels as members of a pool of eligible attorneys who may represent an accused individual before a commission. In a May 22 Defense Department news release, Koffsky said that potential defense counsels who want to participate must be able to obtain a secret security clearance and must be U.S. citizens.

Initiation of the pre-qualification process does not suggest that commission trials are imminent.

Air Force Major John Smith has been named as the Military Commissions Judge Advocate spokesman.

Additional background material on the military commission process may be viewed on the Web at http://www.defenselink.mil/transcripts/2003/tr20030502-0144.html

(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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