Brussels, 21/01/2009 (Agence Europe) - On Wednesday 21 January, European Justice, Freedom and Security Commissioner Jacques Barrot welcomed the decision by the new US administration to suspend all military tribunals at Guantanamo. “Of course I warmly welcome the fact that one of President Obama's first actions was to turn the page on the sad story of the Guantanamo prison camp,” said his spokesman Michele Cercone, reading a statement to the press.
No sooner had he taken office after his historic inauguration than US President Barack Hussein Obama, on Tuesday 21 January, ordered Guantanamo military tribunal prosecutors to seek the 120-day suspension (until 20 May) of all trials.
“This is a highly symbolic step for the European justice commissioner. In a rule of law, every person must have the right of defence,” the spokesman said. “It will now be possible rapidly to shed light on the situation of those being held in Guantanamo. They must be allowed legal trials so that the truth about their activities can eventually be found,” he added. He said that combating terrorism “must remain a major priority for the United States and for Europe … but always with full respect for human rights”. Commissioner Barrot is due very soon to travel to the United States with representatives of the Czech Presidency to establish first contact with the new administration.
If the military judges agree to the administration's request, this would lead to the suspension of proceedings in 21 pending trials, including those of the five accused of plotting the 11 September 2001 terrorist attacks on New York and Washington, a charge which carries the death penalty. The military judges received the order directly from Secretary of State for Defense Robert Gates to give the new administration sufficient time to reconsider the cases of those currently being detained at Guantanamo who have not been declared fit to be freed or transferred. The administration will then determine whether they can be charged with the crimes of which have been accused and which would be the most appropriate court for future cases, according to the legal documents made available to press. The subject of where former Guantanamo prisoners will go is due to be tackled during the visit of the European delegation to the US. Michele Cercone affirmed that “it will be up to the US to take this kind of decision…We will be willing to work together if it proves necessary”. Johannes Laitenberger, the spokesperson for the European Commission president concluded: “the decision on possible destinations is up to member states”. The possibility of taking prisoners into Europe was recently touched on at the Justice and Home Affairs Council in Prague (EUROPE 9820). EU ministers for foreign affairs will debate the subject on 26 January in Brussels. (B.C./transl.rt/rh)