Written question asked by Lord Lester of Herne Hill (Liberal Democrat), in the House of Lords. It was due for an answer on Monday, 3 November 2003. It was answered by Baroness Symons of Vernham Dean (Labour) on Monday, 3 November 2003.

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Symons of Vernham Dean, Baroness

Question

Further to the answer by the Baroness Symons of Vernham Dean on 15 October 2003, 653 c936, whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo are under the control of the President of the United States with no appeal to a civil court; and further to the answer by the Baroness Symons of Vernham Dean on 15 October 2003, 653 c936, whether the rules published by the United States Government for the trial by military commissions of British citizens and others held in Guantanamo provide for a jurisdiction in areas not previously subject to the laws of war; and further to the answer by the Baroness Symons of Vernham Dean on 15 October 2003, 653 c936, whether the rules published by the United States Government for the trial by military commissions of British citizens and other held at Guantanamo provide defendants with a legal remedy for violation of any procedural or other protections in the military commission instructions that might benefit them; and further to the answer by the Baroness Symons of Vernham Dean on 15 October 2003, 653 c936, whether the rules published by the United States Government for the trial by military commissions of British citizens and others held at Guantanamo provide that potentially exculpatory information may be withdrawn from military defence counsel if the prosecution does not intend to introduce such evidence at trial. [HL 4925;HL 4926;HL 4927;HL 4930]. - The order and instructions relating to military commissions can be found on the US Department of Defense website www.defenselink.mil.

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Secondary information

Type

Written question

Reference

654 c67WA; HL 4925;HL 4926;HL 4927;HL 4930

Session

2002-03

Subjects

Admissibility of evidence Appeals Administration of justice Detainees British nationality Human rights Jurisdiction International humanitarian law Military law Trials Rules of procedure USA Afghanistan Guantanamo Bay Legal remedies