Peace and Justice Post

President Barack Obama is to restart the Bush-era military tribunals for Guantánamo Bay detainees that he once denounced.

Mr Obama suspended the tribunals within hours of taking office in January, ordering a review but stopping short of abandoning President George W. Bush’s strategy of prosecuting suspected terrorists.

On the presidential campaign trail in February 2008, Mr Obama had described the Guantánamo trials as “a flawed military commission system”.

US officials have confirmed that the hearings will be now be employed for a limited number of detainees with additional legal protections for defendants.

The military trials will remain frozen for another four months as the Administration adjusts the legal system that is expected to try no more than 20 of the 241 detainees at the Cuban detention centre.

Thirteen men — including five charged with helping to orchestrate the September 11 attacks — have already had hearings under the tribunal system, and three have been convicted so far.

The move received immediate condemnation from liberal groups, already stung by Mr Obama’s decision to try to block the court-ordered release of photographs showing US troops abusing prisoners in Iraq and Afghanistan. That decision marked a reversal of his stand on making the photos public.

“It’s disappointing that Obama is seeking to revive rather than end this failed experiment,” said Jonathan Hafetz, a national security lawyer at the American Civil Liberties Union.

“There’s no detainee at Guantánamo who cannot be tried and shouldn’t be tried in the regular federal courts system. Even with the proposed modifications, this will not cure the commissions or provide them with legitimacy. This is perpetuating the Bush Administration’s misguided detention policy.”

It is understood that the changes to the tribunal system will include:

* Restrictions on hearsay evidence that can be used in court against the detainees.

* A ban on all evidence obtained through cruel, inhuman or degrading treatment. This would include statements given from detainees who were subjected to waterboarding.

* Giving detainees greater leeway in choosing their own military counsel.

* Protecting detainees who refuse to testify from legal sanctions or other court prejudices.