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Military Tribunals Begin Tuesday

The first military tribunals are set to begin Tuesday for four Guantanamo detainees. Trials are still several months off, as Tuesday begins the pre-trial hearing phase. Since there has been a big problem with translators, the lawyers will need a lot more time with their clients before trials can begin.

Some of the defense lawyers have complained that problems with their translators, who have not been paid in a timely manner, hampered them in mounting their cases. Mr. Altenburg told reporters that the complaints had merit and he was moving quickly to address them. Commander Sundel said he expected to do little at the coming hearings beyond ask for more time to meet with his client. "We desperately need to speak with him," he said. "The hearing is Thursday and we were only given a new interpreter last week." The first translator was judged inadequate and dismissed in April.

Don't expect too much. It's hardly a real trial.

The rules, which in essence constitute a new body of law distinct from military and civilian law, allow, for example, witnesses to testify anonymously for the prosecution. Also, any information may be admitted into evidence if the presiding officer judges it to be "probative to a reasonable person," a new standard far more favorable to the prosecution than anything in civilian law.

Asked how the tribunal would evaluate evidence or testimony that might have been obtained by coercion or under questionable circumstances, Mr. Altenburg said that was an issue still to be decided. He said that the presiding officer would decide whether incriminating testimony given by the detainee was voluntary and credible.

First up will be Salim Ahmed Hamdan, a 34-year-old Yemeni, who once served as a bodyguard to Osama bin Laden.

Mr. Hamdan's lawyer, Lt. Cmdr. Charles Swift, said that his client acknowledged being a driver for Mr. bin Laden at his farm, but was not involved in any Qaeda activities. Commander Swift has brought a lawsuit in Federal District Court in Washington State challenging the adequacy of the tribunals. The tribunal procedures were set up by the Pentagon with the explicit goal that there be no opportunity for federal court review. Under the system, verdicts and sentences may only be reviewed by military panels and the defense secretary.

Next up will be Australian David Hicks and Ibrahim Ahmed al-Qosi of Sudan.

At least there will be watchers.

Representatives of the news media from around the world will witness the proceedings as well as observers from the American Civil Liberties Union, Human Rights First, Human Rights Watch and Amnesty International.

The American Bar Association has selected Miami defense lawyer Neal Sonnett to observe the proceedings.

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