Board Resolution ~ 08/06/2011

Continuing Opposition to the Military Commissions at Guantanamo Bay

Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Continuing Opposition to the Military Commissions at Guantanamo Bay  

Denver, Colorado
August 6, 2011

WHEREAS the officers, directors, and members of the National Association of Criminal Defense Lawyers have dedicated their professional lives to upholding the rule of law and the principles of equal justice and due process;

WHEREAS the military commissions system established at Guantanamo Bay denigrates these fundamental American values by, inter alia, conducting trials that permit the use of hearsay and coerced confessions, by denying defense counsel equal resources and access to evidence, by failing to conform to the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, by expressly precluding detainees from invoking the Geneva Conventions, and by exceeding congressional authority to define and punish offences against the law of nations;

WHEREAS NACDL has sponsored expert civilian counsel under the aegis of the John Adams Project to assist the under-resourced military defense lawyers in capital proceedings;

THEREFORE BE IT RESOLVED that NACDL shall continue to provide expertise, consultation, and support to the military and civilian lawyers representing defendants who are charged in the military commissions at Guantanamo;

THEREFORE BE IT RESOLVED that NACDL shall continue vigorously to identify and protest the deficiencies in the military commissions system to ensure that the commissions do not constitute a second-class system of justice for Guantanamo detainees;

THEREFORE BE IT FURTHER RESOLVED that NACDL shall continue to resist any efforts to prosecute in military commissions future cases involving allegations of terrorist activity that do not constitute violations of the laws of armed conflict, or that in any way seek to preclude prosecution of such cases in Article III courts;

THEREFORE BE IT FURTHER RESOLVED that NACDL shall continue to exercise extreme vigilance in protecting the civilian system of criminal justice, particularly in Article III courts, from importation of military commissions procedures and substantive law that serve to reduce the accuracy, reliability, due process, and fairness in criminal proceedings;

THEREFORE BE IT FURTHER RESOLVED that NACDL shall advocate in furtherance of these objectives to reform and improve the military commission process and prosecutions, as well as with respect to broader policy initiatives and legislative proposals that affect and address these issues.

 

In This Section

Advertisement Advertise with Us
ad