Last September, Congress passed the Military Commissions Act of 2006 (MCA), which authorized military trials at Guantanamo Bay. Currently, the rules governing these commissions are being drafted by the administration in a closed-door process and are scheduled to be released sometime in January. In the following letter to Secretary of Defense Robert Gates, Human Rights Watch and Human Rights First request that the administration provide an opportunity for public notice and comment before these rules are finalized.
January 3, 2007
Secretary Robert Gates
Secretary of the Department of Defense
Department of Defense
1000 Defense Pentagon
Washington, DC 20301-1000
Re: Draft Manual for Military Commissions
Dear Secretary Gates:
We understand that you are in the process of finalizing regulations for the military commissions authorized by Congress this fall. We are writing to request that you issue the rules in proposed form, with an opportunity for public notice and comment, before the rules are finalized.
Our organizations have focused considerable attention to the military commission process over the last five years. We have submitted comments on draft commission rules, observed military commission proceedings at Guantanamo, and testified before the Senate Armed Services Committee last year as Congress deliberated the proper procedures for military commissions. We share your interest that the commission procedures be fair and worthy of United States’ standards of justice.
Given the importance of the commissions and the public interest in and attention to them, we strongly urge you to ensure that there is an opportunity for notice and public comment. We believe that public support for the commissions would be strengthened by this process. We also believe that Congress would be amenable to an extension of time for issuance of final rules should that prove necessary to enable a reasonable period of notice and comment.
Thank you for your consideration. We look forward to your response.
Sincerely,
Jennifer Daskal
Advocacy Director, US Program
Human Rights Watch
Elisa Massimino
Washington Director
Human Rights First
