Military

DATE=3/21/02

TYPE=CORRESPONDENT REPORT

TITLE=RUMSFELD/TRIALS (L ONLY)

NUMBER=2-287835

BYLINE=ALEX BELIDA

DATELINE=PENTAGON

CONTENT=

VOICED AT:

INTRO: Defense Secretary Donald Rumsfeld has unveiled the rules for the special military commissions that will try selected members of al-Qaida and other terrorist suspects. V-O-A Correspondent Alex Belida reports from the Pentagon.

TEXT: Mr. Rumsfeld says the commissions will differ from both U-S civilian courts and traditional military judicial panels.

But he tells reporters at the Pentagon, the procedures drafted with the help of independent legal experts are designed to be fair, balanced and just --- protecting the rights of terrorist suspects while also protecting the rights of Americans to security in the wake of the September 11th terrorist attacks.

///RUMSFELD ACTUALITY///

We are a nation of laws. We have been attacked by lawless terrorists. The manner in which we conduct trials under military commissions will speak volumes about our character as a nation just as the manner in which we were attacked speaks volumes about the character of our adversaries. We have made every reasonable effort to establish a process that is just, one that protects both the rights of the defendant to a fair trial but also protects the rights of the American people to their security.

///END ACTUALITY///

Under the procedures formally announced Thursday, the commissions may try members of al-Qaida, others involved in acts of terrorism against the United States and individuals who knowingly harbored terrorists.

The accused will be presumed innocent until proven guilty; they will be entitled to private lawyers; and they may refuse to testify before the commissions, which will consist of from three to seven military members.

Any convictions will a two-thirds vote with a death sentence requiring a unanimous vote. Defendants can appeal their sentences, but only to a military review board. Even then, sentences will not be final until approved by the President or the Secretary of Defense.

The trials will generally be open, but they may be closed to protect classified information or to protect the safety of witnesses or others involved.

Mr. Rumsfeld says rules for submitting evidence will also be looser.

///RUMSFELD ACTUALITY///

In wartime it may be difficult to locate witnesses or establish chains of custody for documents. Critical evidence that could protect the American people from dangerous terrorists should not be excluded simply because it was obtained under conditions of war.

///END ACTUALITY///

Most criticism of the procedures has focused on the lack of an independent appeals process. Opponents of the death penalty have criticized the provisions allowing capital punishment.

President Bush called for the special military tribunals last November but has yet to designate any of the more than 500 al-Qaida and Taleban fighters currently in U-S custody to stand trial before them. The Pentagon has also yet to announce where any such trials will be held. (Signed)

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