Human Rights First's U.S. Law and Security Digest is a weekly report to help keep you up to date about developments in U.S. national security law and policy that have an impact on civil liberties and human rights.

ARRAIGNMENTS SCHEDULED FOR TWO "ENEMY COMBATANTS" AT GUANTANAMO
Military commission proceedings are scheduled to begin again on Monday for detainees Omar Khadr and Salim Hamdan, who have been held at Guantanamo Bay for more than five years. Khadr, a Canadian who was fifteen at the time of his capture by the U.S. military, is accused of murdering a U.S. sergeant, attempted murder, spying, conspiracy, and providing financial assistance to terrorists. In April, Gabor Rona, Human Rights First's international legal director, criticized the charges as inappropriate and inconsistent with the laws of war. Hamdan, a Yemeni national, admits to his former role as Osama bin Laden's driver and bodyguard, but denies charges of conspiracy and provision of material support to terrorist organizations. Both men, designated "enemy combatants" by the U.S. government, claim to have been subjected to torture while detained by the U.S. military. As a result of his detention and subsequent distrust of Americans, Khadr has fired all of his U.S. lawyers, leaving him without legal representation on the eve of his arraignment, Marine Lt. Col. Colby Vokey, one of Khadr's ex-attorneys, stated Wednesday. Associate attorney Priti Patel of Human Rights First will attend the arraignments and provide blog updates detailing her observations. The hearing follows a tumultuous week in Guantanamo, intensified on Wednesday when a Saudi Arabian detainee killed himself, marking the fourth suicide since the camp's opening in 2002. Hina Shamsi, deputy director of Human Rights First's Law & Security Program, called the suicide "a preventable tragedy," and renewed Human Rights First's demands for restoration of habeas corpus rights to the detainees and implementation of fair trial procedures. Read more.

U.N. INVESTIGATOR FINDS U.S. GUILTY OF HUMAN RIGHTS ABUSES
Last Friday Martin Sheinin, the U.N. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, issued a preliminary report accusing the United States of violating human rights in its counter-terrorism efforts. The report criticized post-9/11 legislation, including the Patriot Act and the Military Commissions Act of 2006. Sheinin also condemned the United States's extreme interrogation practices, stating that they "amounted to torture or inhumane treatment under international law." The U.S. ambassador to the U.N., Zalmay Khalilzad, disputed Sheinin's report, arguing that the administration's current practices are legitimate and in accordance with U.S. laws. The final report will be presented to the 47-nation U.N. Human Rights Council in a few months. Read more.

INTERROGATION EXPERTS HOPE NEW CIA RULES REFLECT THEIR ADVICE

As the Bush administration drafts new rules for the CIA's interrogation program, psychologists and interrogation experts hope the highly anticipated executive order will reflect their findings that there is no scientific basis for maintaining that coercion elicits accurate or reliable information and that coercion also yields significant negative consequences. Questionable methods reportedly used by the CIA include subjecting prisoners to extreme temperatures, sleep deprivation, stress positions and waterboarding. Last month, Philip Zelikow, the executive director of the 9/11 Commission and a former counselor to Secretary of State Condoleezza Rice, called such techniques "immoral." The experts' findings and recommendations – part of the Intelligence Science Board's 325-page report on interrogation – also call for the creation of an elite unit of individuals specially trained in effective interrogation procedures. President Bush contends that so-called "enhanced interrogation techniques" are reasonable and vital to obtaining terrorist information and promoting national security. Read more.

HEARING BEGINS FOR MARINE HELD RESPONSIBLE FOR HADITHA DEATHS
On Wednesday hearings began for Lieutenant Colonel Jeffrey R. Chessani, commander of a Marine battalion and one of four officers charged with failing to investigate the killings of 24 Iraqi civilians at Haditha. The incident occurred on November 19, 2005, when marines went door-to-door in an attempt to find those responsible for a roadside bomb that killed one U.S. marine and injured two others. The search resulted in the deaths of 24 Iraqis, several of whom were children. Chessani is formally charged with dereliction of duty and failure to investigate the killings. Major General Stephen T. Johnson, the commanding general of Marines at the time of the incident and a potential witness, argued that there had been several instances resulting in the death of civilians and that "[i]t happened all the time." On Wednesday the first witness, Marine 1st Lt. Max Frank, took the stand and testified that he did not believe a war crime had been committed, though he testified that the civilians' bodies had "multiple holes" and that Iraqi hospital workers became physically ill at the sight of the disfigured corpses. Chessani's hearing is expected to last approximately one week. He faces up to three years in jail if convicted. Read more.

ANTI-TERROR LEGISLATION THREATENS BRITISH CIVIL LIBERTIES
Reports surfaced this week that the British government, under the direction of Home Secretary John Reid, has drafted legislation that, amongst other potential civil liberties violations, would permit police to stop and question individuals concerning their identities and travels. Existing British laws allow police to stop and search people when there are "reasonable grounds for suspicion." The legislation coincides with recent criticism by both the British government and British citizens regarding the government's effectiveness at combating terrorism. The issue resurfaced last Thursday when three men, held under suspicions that they were plotting to kill British soldiers, escaped from house arrest. Outgoing Prime Minister Tony Blair argued on Sunday that stronger anti-terror laws are necessary to ensure national security. Opponents to the drafted anti-terror legislation fear that the proposal may promote radicalism, further strain relations with the Muslim community, and lead to the British equivalent of Guantanamo Bay. The "stop and question" legislation is just one counterterrorism initiative under consideration; the government is expected to reveal its full proposal in the coming weeks. Read more.

JUNE 3 AND JUNE 5: PRESIDENTIAL PRIMARY DEBATES
On June 3 and June 5 St. Anselm College in Manchester, New Hampshire will host presidential primary debates. The first session on June 3 will feature the Democratic contenders and the GOP candidates will follow on June 5. Every major candidate running for president is scheduled to appear. The debates will be held at St. Anselm's Sullivan Arena. More information.

JUNE 5 AND JUNE 6: "MY TRIP TO AL QAEDA" AT THE TOWN HALL
On June 5 and June 6 "My Trip to al Qaeda" will be performed at 8:00 p.m. at The Town Hall in New York City. The show is based on Lawrence Wright's bestseller entitled The Looming Tower. Tuesday's performance will be followed by a discussion with Lawrence Wright, Aziz Huq and Frederick A.O. Shwartz, Jr. Tickets to either show may be purchased through Ticketmaster or at The Town Hall Box Office. More information.

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© 2006 Human Rights First