Protecting the Rule of Law

The ACLU and NACDL are assembling defense teams to be available to assist in the representation of detainees facing prosecution at Guantánamo. We are taking this step because of our grave concerns that the Guantanamo military commissions process does not reflect our country’s commitment to justice and due process. The military commissions’ authorization of the use of coerced evidence possibly derived from torture, secret evidence, and hearsay is unconstitutional and counter to American traditions of fairness and justice.

In Hamdan v. Rumsfeld, the Supreme Court ruled that the original military commission system established by President Bush to try detainees at Guantánamo Bay was unlawful because it had not been authorized by Congress. Unfortunately, in 2006, Congress provided that authorization when it passed the Military Commissions Act (MCA), legitimizing a system of military tribunals that fails to meet minimum due process standards. At the same time, the MCA stripped Guantánamo detainees of their right to habeas corpus, thus limiting their ability to challenge the legality of any conviction or sentence resulting from the military commission proceedings. The legislation also provides retroactive immunity to government officials who authorized torture and abuse, and permits convictions based on coerced evidence obtained through torture.

The ACLU and NACDL have consistently and vehemently condemned the grave flaws of the Military Commissions Act, so far to no avail. Now, we are confronted with an egregious situation, the upcoming prosecution of several detainees under the procedures established by the Military Commissions Act.