HL Deb 03 November 2003 vol 654 cc67-8WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the answer by the Baroness Symons of Vernham Dean on 15 October (HL Deb, col. 936), whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo are under the control of the President of the United States with no appeal to a civil court; and [HL4925]

Further to the answer by the Baroness Symons of Vernham Dean on 15 October (HL Deb, col. 936), whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide for a jurisdiction in areas not previously subject to the laws of war; and [HL4926]

Further to the answer by the Baroness Symons of Vernham Dean on 15 October (HL Deb, col. 936), whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide defendants with a legal remedy for violation of any procedural or other protections in the military commission instructions that might benefit them; and [HL4927]

Further to the answer by the Baroness Symons of Vernham Dean on 15 October (HL Deb, col. 936), whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide that potentially exculpatory information may be withdrawn from military defence counsel if the prosecution does not intend to introduce such evidence at trial. [HL4930]

Baroness Symons of Vernham Dean

The order and instructions relating to military commissions can be found on the US Department of Defense websitewww.defenselink.mil.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the answer by the Baroness Symons of Vernham Dean on 15 October (HL Deb, col. 936), whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide that defendants may be represented without their consent by lawyers assigned to them. [HL4928]

Baroness Symons of Vernham Dean

The order and instructions relating to military commissions can be found on the US Department of Defense websitewww.defenselink.mil.

However, in addition, the Attorney-General, who has represented the Government in discussions with the US Administration about the military commissions, issued a statement on 22 July, following the first round of talks. This included a reference to the question of legal representation. Part of the statement says "… the US has assured us that … Begg and Abbasi will be able to be represented by an appropriately qualified US civilian lawyer of their own choosing, subject to security clearance. A UK lawyer will be able to serve as a consultant on the defence team. Each detainee will be able to decide to what extent he wished the appointed military counsel to participate in the preparation of his case."

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the answer by the Baroness Symons of Vernham Dean on 15 October (HL Deb, col. 936), whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide that communications between defendants and their lawyers may be monitored by the United States Defense Department. [HL4929]

Baroness Symons of Vernham Dean

The order and instructions relating to military commissions can be found on the US Department of Defense websitewww.defenselink.mil.

However, in addition, the Attorney-General, who has represented the Government in discussions with the US Administration about the military commissions, issued a statement on 22 July, following the first round of talks. This included a reference to the question of communications between defendants and their lawyers. Part of the statement says "… the US has assured us that … exceptionally, conversations between Begg or Abbasi and his defence counsel would not be monitored or reviewed by US authorities."

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the answer by the Baroness Symons of Vernham Dean on 15 October (HL Deb, col. 936), whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide that a guilty verdict for capital and other offences may be made by a two-thirds majority of the commission. [HL4943]

Baroness Symons of Vernham Dean

The order and instructions relating to military commissions can be found on the US Department of Defense websitewww.defenselink.mil.

However, in addition, the Attorney-General, who has represented the Government in discussions with the US Administration about the military commissions, issued a statement on 22 July, following the first round of talks. This included a reference to the question of capital punishment. Part of the statement says "… the US has assured us that … the prosecution will not seek the death penalty in the cases of Feroz Abbasi and Moazzem Begg."