The National Association of Criminal Defense Lawyers (NACDL) issued this press release today opposing the military tribunal procedures at Guantanamo:

NACDL Comments Critical of Guantánamo Detainee Review Procedures

Washington, D.C. (Mar. 31, 2004) – President E.E. (Bo) Edwards of the National Association of Criminal Defense Lawyers, and Joshua Dratel, Co-Chair, NACDL Committee on Military Tribunals & Terrorism, today faxed a critical letter to the top lawyer for the Defense Department, identifying serious deficiencies in the department’s draft administrative review procedures for detainees at Guantánamo Bay Naval Base in Cuba. Edwards and Dratel wrote DOD General Counsel William J. Haynes, II, saying they were “deeply troubled” at the department’s failure to address a number of critical issues. Among the problems they see are:

• Lack of criteria for making determination whether a detainee is or is still “dangerous”;

• No time frames for rendering release decisions or re-review;

• No time limits for detention without charge or other disposition;

• Draft review procedures put the burden on detainee to prove he is “no longer a threat.”

The DOJ memorandum asserts that “[t]he law of war permits the detention of enemy combatants until the end of an armed conflict.” But Edwards and Dratel noted that that statement is true only if the alleged combatants are detained pursuant to the Geneva Conventions. The lawyers suggest that the Guantánamo detainees are entitled to POW status unless and until a “competent tribunal” determines otherwise.