CHICAGO- In the state that may house some of the GITMO detainees, the U.S. Senator from Illinois says he not opposed to Military Commissions. “We clearly want to try these alleged terrorists in the best place where they are most likely to be prosecuted”, said Senator Dick Durbin.
According to the Military Commission Act, Military Commissions are used to prosecute enemy combatants who violate laws of war. Each Military Commission consists of a military judge and from five to twelve members depending on if it’s a death sentence.
The commissions still require proof of guilt beyond a reasonable doubt, presumption of innocence, free representation by an independent military defense counsel with the option to retain a civilian defense counsel and suppression of statements obtained by torture. If there is a finding of guilt by at least two-thirds of the members (Unanimous for a death sentence) the records of the trial must be reviewed by the Convening Authority.
Senator Durbin says that he has been briefed by discussions between the White House and Senator Lindsey Graham (R-SC) on talks to have the GITMO detainees brought before Military Commissions, rather then Federal Court. Watch Durbin’s comments here…