USA: Double standards or international standards? Crucial decision on 9/11 trial forum "weeks" away

Report
April 28, 2010

USA: Double standards or international standards? Crucial decision on 9/11 trial forum "weeks" away

7 Ahmed Khalfan Ghailani. See Amnesty International Urgent Action, USA: From Secret Detention to the Death Penalty? 3 July 2009, http://www.amnesty.org/en/library/info/AMR51/081/2009/en, and update 8 October 2009, http://www.amnesty.org/en/library/info/AMR51/110/2009/en.

8 Under international law, persons who are detained pending trial on criminal charges must be tried within a reasonable time or released pending trial (Articles 9(3) of the ICCPR, article 7(5) of the American Convention, article 5(3) of the European Convention, article 60(4) of the ICC Statute). Furthermore, international law requires that proceedings in criminal cases be completed without undue delay (Article 14(3)(c) of the ICCPR, article 8(1) of the American Convention, article 6(1) of the European Convention, article 67(1)(c) of the ICC Statute). This extends not just to the trial itself, but also to periods of pre-trial detention.

9 Attorney General Eric Holder speaks at the US Constitution Project Awards Dinner, 15 April 2010, http://www.justice.gov/ag/speeches/2010/ag-speech-1004152.html

10 Attorney General Letter to Senators on detention, interrogation of Umar Farouk Abdulmutallab, 3 February 2010, http://www.justice.gov/opa/pr/2010/February/10-ag-119.html

11 Attorney General speaks at US Constitution Project Awards Dinner, op. cit.

12 UN Basic Principles on the Independence of the Judiciary, endorsed by UN General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985.

13 UN Human Rights Committee, General Comment No 32, Article 14: Right to equality before the courts and tribunals and to a fair trial, UN Doc CCPR/C/GG/32, 23 August 2007, para. 22.