UNITED NATIONS RIGHTS EXPERT “ALARMED” OVER UNITED STATES IMPLEMENTION OF MILITARY ORDER

07.07.03

The Special Rapporteur on the independence of judges and lawyers of the United Nations Commission on Human Rights, Dato’ Param Cumaraswamy, expresses alarm over the United States Government’s implementation of the Military Order (Detention, Treatment and Trial of Certain Non-citizens in the War against Terrorism) which President Bush signed on 13 November 2001.
It is reported that six detainees may be brought to trial before a military commission under the Order. The detainees have been named as suspected members of Al-Qaeda or “otherwise involved in terrorism directed against the United States”.
On 16 November 2001 the Special Rapporteur sent an urgent appeal to the US Government concerning this Military Order. In his appeal, the Special Rapporteur expressed his concerns over a number of issues, concerning, among others, the rule of law and equality before the law; fair trial procedures (well settled under international law but which may not be applied before the military commission); the selection and composition of those who sit on the commission, and appeal procedures which violate fundamental principles of judicial independence. The Special Rapporteur also issued a press release expressing his concerns. To date, the US Government has not responded to that urgent appeal.
“In proceeding to apply these drastic measures to counter terrorism, the United States Government is seen defying United Nations resolutions, including General Assembly resolution A/RES/57/219 of 18 December 2002 and Security Council resolution S/RES/1456 of 20 January 2003”, the Special Rapporteur said. These resolutions reiterate and affirm that States must ensure that any measure taken to combat terrorism must be in accordance with international law including international human rights, refugee and humanitarian law.
The Special Rapporteur is deeply concerned about this latest step by the Government of the United States, which he views as a direct threat not only to international principles of human rights but also to the rule of law, which is the very foundation of a democratic State.



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