UN EXPERT ON INDEPENDENCE OF JUDICIARY CONCERNED BY MILITARY ORDER SIGNED BY UNITED STATES PRESIDENT

16 November 2001



Order strikes at core of principles of rule of law,
According to Dato' Param Cumaraswamy



The Special Rapporteur on the independence of judges and lawyers of the United Nations Commission on Human Rights, Dato' Param Cumaraswamy, today sent an urgent appeal to the United States Government regarding the military order signed by President George W. Bush on 13 November on the detention, treatment and trial of certain non-citizens in the war against terrorism.

In his appeal, the Special Rapporteur expresses concern about, among other things, the setting up of military tribunals to try those subject to the order; the absence of a guarantee of the right to legal representation and advise while in detention; the establishment of an executive review process to replace the right to appeal the conviction and sentence to a higher tribunal; and the exclusion of jurisdiction of any other courts and international tribunals.

The Special Rapporteur also expressed deep concern about the implications of the order on the rule of law, and "the wrong signals it sent, not only in the United States, but around the world". "The very fact that such powers are available to the Executive strikes at the core of the principles of the rule of law, equality before the law and the principles of a fair trial," he wrote. " I am fully conscious that this Order is made to meet the national emergency declared on September 14. However, I am not convinced that such repressive measures curtailing the core values of the rule of law and a fair trial are necessary".




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