§ Lord Oakeshott of Seagrove Bayasked Her Majesty's Government:
Whether they have requested the United States Government to transfer the British citizens detained at Guantanamo Bay into British custody; if so, what was the United States reply; what reasons were given for it; and, if Her Majesty's Government has not made such a request, why not. [HL3918]
§ Baroness Symons of Vernham DeanWe are pressing the US authorities to move forward with the process of determining the future of the British detainees at Guantanamo Bay. We have discussed, and are discussing, a range of options with the US, including the possibility of repatriation.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they will seek to ensure that British citizens detained by the United States are not tried before special military tribunals. [HL3844]
§ Baroness Symons of Vernham DeanWe have expressed our strong reservations about the military commissions. As my right honourable friend the Prime Minister said during Questions on 9 July (Official 190WA Report, Commons; col. 1152–3), "Any commission or tribunal…must be conducted in accordance with the proper canons of law so that a fair trial takes place and is seen to take place."
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they will obtain and publish, in relation to the British citizens facing the possibility of trials before military commissions in Guantanamo, copies of:
- (a) President Bush's Military Order of November 2001 authorising trials outside the normal federal and military courts;
- (b) the Military Commission Order of March 2002;
- (c) the eight Military Commission Instructions issued by the United States Defense Department on 30 April 2003; and
- (d) the Defense Department's announcement made in May 2003 of the appointment of officials who will administer the Military Commissions; and [HL3933]
Whether it is the case that, under the rules published by the United States government for the trial by Military Commissions of British citizens and others held at Guantanamo:
- (a) the Military Commissions' structure and composition will be under the complete control of the President with no appeal to any civil court;
- (b) the jurisdiction of the Military Commissions will cover areas not previously subject to military law or military courts;
- (c) Military Commission trials may take place wholly in secret; and
- (d) a guilty verdict for capital and other offences may be made by a two-thirds vote of commission members; and [HL3934]
Whether it is the case that, under the rules published by the United States government for the trial by Military Commissions of British citizens and others held at Guantanamo:
- (a) defendants will be denied a legal remedy for violation of any procedural or other protections in the Military Commission Instructions that might benefit them;
- (b) Military Commission defendants may be represented without their consent by Military Commission lawyers assigned to them;
- (c) as regards civilian defence lawyers, unless a defendant or his family or friends can provide funding, civilian defence lawyers will have to pay for their own security clearance investigations and all personal and case-related expenses, and will largely be confined to the premises of Military Commission proceedings;
- (d) communications between defendants and their lawyers may be monitored by the Defense Department;
WA 191 - (e) potentially exculpatory information may be withheld from military defence counsel if the prosecution does not intend to introduce such evidence at trial. [HL3935]
§ Baroness Symons of Vernham DeanOrder and Instructions relating to Military Commissions can be found on the US Department of Defense website,www.defenselink.mil.