Washington - Military tribunals planned by the US to try suspected terrorists will be able to impose death penalties by unanimous vote and hand down guilty verdicts by a two-thirds majority, according to Pentagon draft rules disclosed yesterday. In apparent concessions to human rights lawyers, the proposals allow for appeals and for proceedings open to the public and the press, except when classified national security information is being heard.
Under the draft, drawn up by Pentagon lawyers liaising with the Justice Department, defendants will be assigned military lawyers but could hire civilian ones if they wish. The tribunal's military judges will have to decide if the evidence against a defendant amounts to proof beyond reasonable doubt, as in civil trials.
However, unlike civil courts or courts martial, the terrorist tribunals could consider hearsay evidence if the panel deems it information "a reasonable person" would find useful in deciding the case. That rule would allow intelligence intercepts concerning Osama bin Laden to be admitted. Bin Laden's video boasts would also be admissible.