Senate passes bill on terror detainee trials

Detainee tribunals spelled out
The legislation will establish a military court system to prosecute terror suspects, a response to the Supreme Court ruling in June that Congress' blessing was necessary. Under the bill, a terrorist being held at Guantanamo Bay prison in Cuba can be tried by "military commission" so long as he is afforded certain rights, such as the ability to confront evidence given to the jury and access to defense counsel.

Those subject to the commission trials will be any person "who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents." Proponents say this definition would not apply to U.S. citizens but would allow the detention and prosecution of individuals financing terrorist networks.

While the bill spells out legal rights for the terror suspects to ensure a fair trial, it eliminates other rights common in military and civilian courts. For example, the commission will be allowed to consider hearsay as evidence so long as a judge determines it is reliable. Hearsay is frequently allowed in international military tribunals, but is barred from being considered in civilian courts.

Interrogation restrictions
Military commissions will be barred from considering evidence obtained by interrogation techniques since December 2005 that involve "cruel, inhuman or degrading treatment" as defined by the 5th, 8th and 14th amendments.

Coerced statements taken before the 2005 ban was put into effect would not be subjected to the same standard -- language Democrats charge creates a loophole for abuse.

The measure also provides extensive definitions of war crimes such as torture, rape and biological experiments, but gives the president broad authority to decide which other techniques U.S. interrogators may use legally. The provisions are intended to protect CIA interrogators from being prosecuted for war crimes.

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