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Terrorism trials should be held in US federal courts: rights group

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Terrorism suspects should be prosecuted in US federal courts instead of military commissions, according to a report released Thursday by Human Rights First. The report, prepared by two former federal prosecutors, claims that the civilian court system is fully equipped to try terrorism cases and argues against the creation of a new security court system or indefinite detention of certain individuals. According to the report, there is a 91 percent conviction rate for terrorism suspects in federal courts: In sum, the federal courts, while not perfect, are a fit and flexible resource that should be used along with other government resources - including military force, intelligence gathering, diplomatic efforts, and cultural and economic initiatives - as an important part of a multi-pronged counterterrorism strategy. In contrast, the creation of a brand-new court system or preventive detention scheme from scratch would be expensive, uncertain, and almost certainly controversial.The report is a followup from a May 2008 report that reached the same conclusion.The issue of where to try terrorism suspects has recently become controversial in the wake of US President Barack Obama's executive order to close the military prison facility at Guantanamo Bay. Last month, the first Guantanamo detainee was transferred to the US to face trial in a civilian court. In May, Obama announced that he would revive the controversial military commissions system to try some Guantanamo detainees. The move drew criticism from human rights groups, which called the plan "fatally flawed," continuing a long line of criticism of the commissions for admitting some evidence that is barred from federal court, including hearsay or coerced confessions.

Full post as published by JURIST - The Paper Chase on July 24, 2009 (boomark / email).