U.S. President Barack Obama says military tribunals will restart for a handful of terror detainees at Guantanamo Bay, but with a new system that helps protect their rights.
Obama said in a release on Friday that the new system is "the best way to protect our country, while upholding our deeply held values."
However, it's unclear how the revised approach will affect Canadian prisoner Omar Khadr.
Earlier in the day, U.S. officials revealed that the new legal rules will include:
- Restrictions on hearsay evidence used against the detainees.
- A ban on evidence obtained through questionable means, including cruel, inhumane or degrading treatment.
- Detainees will have more freedom in choosing their own military counsel.
- Restricting the use of legal sanctions and other court prejudices on detainees who refuse to testify.
The administration will halt the military trials for another four months as it adjusts to the new legal system.
The White House could decide on additional changes to the system in the next 120 days but sources said it was not immediately clear what those changes could include.
The restrictions put on evidence will likely mean that fewer than 20 of the 241 prisoners being held at the Guantanamo Bay U.S. naval detention center will be tried before the tribunal.
Thirteen detainees, including five charged with helping organize the 9/11 terrorist attacks, are already in the tribunal system. Three detainees have been convicted so far.
The administration has until January 2010 to conclude the commission trials. After that, the military prison will be closed for good, as ordered by Obama.
The remaining detainees could either be released, transferred to other countries or held in the U.S. to be tried in the federal court system, an official said.
Human rights complaints
The tribunal system has come under fire from Obama as well as human rights and legal organizations for denying defendants the same rights they would likely be granted in a U.S. civilian courtroom.
A Republican senator, who has been working with the administration on issues related to detainees, said late Thursday that Obama's move to reform the military commissions law will help strengthen U.S. detention policies.
"I continue to believe it is in our own national security interests to separate ourselves from the past problems of Guantanamo," said Sen. Lindsey Graham R-S.C. in a prepared statement. "I agree with the president and our military commanders that now is the time to start over and strengthen our detention policies. I applaud the president's actions today."
He said however, that he does not support transferring Guantanamo detainees to the U.S. after the prison shuts down.
The changes are expected to spark criticism from liberal groups who say the reform is not enough to ensure the detainees are treated fairly.
"It's disappointing that Obama is seeking to revive rather than end this failed experiment," said Jonathan Hafetz, a national security attorney at the American Civil Liberties Union.
"There's no detainee at Guantanamo who cannot be tried and shouldn't be tried in the regular federal courts system. Even with the proposed modifications, this will not cure the commissions or provide them with legitimacy. This is perpetuating the Bush administration's misguided detention policy."
Obama recently faced criticism for trying to block photos showing U.S. troops inflicting abuse on prisoners in Iraq and Afghanistan. The president at one time advocated for the public release of the photos.
Obama has been outspoken on the treatment of Guantanamo detainees since he was a senator in 2006. He opposed the current tribunal system, calling it "sloppy." He advocated for an earlier system which gave prisoner additional rights.
During his presidential campaign in early 2008, Obama described the military trials in Guantanamo as "a flawed military commission system that has failed to convict anyone of a terrorist act since the 9/11 attacks and that has been embroiled in legal challenges."
With files from The Associated Press
