Thursday, June 10, 2004

Third Gitmo Detainee Charged

Australian detainee David Hicks is charged (pdf document) with conspiracy to commit war crimes;
attempted murder by an unprivileged belligerent and aiding the enemy. He will be tried by a military commission, according to DOD sources.

According to the DOD, "Military commission procedures provide for a full and fair trial to include: the presumption of innocence; a requirement for proof of guilt beyond a
reasonable doubt; representation by a military defense counsel free of charge with
the option to retain a civilian defense counsel at no expense to the U.S.
government; an opportunity to present evidence and call witnesses; a prohibition
against drawing an adverse inference if an accused chooses not to testify; and an
appeal to a review panel. Military commissions have historically been used to try
violations of the law of armed conflict and related offenses."


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