London Times
September 29, 2006
by Devika Bhat

The US Senate has approved contentious legislation to impose George W Bush's proposals for the interrogation and trial of foreign terror suspects, setting new and far-reaching rules on how such prisoners may be treated.

After a heated debate, the Senate eventually passed the bill by a 65-34 majority, a day after the House of Representatives passed an almost identical measure. President Bush is expected to sign the new legislation in a matter of days.

The bill sanctions the use of special military courts to try suspects being held at Guantanamo Bay, and would allow the use of some evidence obtained by harsh interrogation methods.

Crucially, it also eliminates the right of habeas corpus, stopping foreign prisoners from going to a federal court to challenge their own detention.

In one concession, defendants would, however, be given access to the evidence being used to prosecute them, even when it is classified.

The new legislation forbids US guards from inflicting treatment which could constitute a war crime - including torture, rape, murder, and any act intended to cause "serious" physical or mental pain - but gives the President the right to define and decide which other techniques can be used short of that. The CIA would be allowed to continue its secret prisons programme.

Human rights groups have expressed concern that harsh techniques that border on torture, such as sleep deprivation and induced hypothermia, can be used under the new law.

The bill also expands the definition of the "enemy combatants" who can be held and tried, to include those who provide weapons, money and other support to terrorist groups. The bill also enables evidence found in the US or abroad to be taken without a search warrant.

While the President had to concede on some of the specifics, the final bill contained broadly all the key measures he was hoping to see passed.

"The Senate sent a strong signal to the terrorists that we will continue using every element of national power to pursue our enemies and to prevent attacks on America," Mr Bush said in a statement after the Senate vote.

"The Military Commissions Act of 2006 will allow the continuation of a CIA programme that has been one of America's most potent tools in fighting the war on terror," he added.

The legislation had become a major battleground in US politics, pitting measures to safeguard the country from terrorism against the need to protect civil liberties, just weeks ahead of November legislative elections.

Republicans argued that the new legislation was essential, arguing that lawsuits from Guantanamo Bay inmates were blocking the courts' ability to proceed with the course of justice and were detracting from the war on terror. They accused the Democrats of being soft on matters of national security.

Twelve Democrats joined the Republicans in voting in favour of the bill, while one Republican, Senator Lincoln Chafee of Rhode Island, opposed it and another did not vote.

The US Senate has approved contentious legislation to impose George W Bush's proposals for the interrogation and trial of foreign terror suspects, setting new and far-reaching rules on how such prisoners may be treated.

After a heated debate, the Senate eventually passed the bill by a 65-34 majority, a day after the House of Representatives passed an almost identical measure. President Bush is expected to sign the new legislation in a matter of days.

The bill sanctions the use of special military courts to try suspects being held at Guantanamo Bay, and would allow the use of some evidence obtained by harsh interrogation methods.

Crucially, it also eliminates the right of habeas corpus, stopping foreign prisoners from going to a federal court to challenge their own detention.

In one concession, defendants would, however, be given access to the evidence being used to prosecute them, even when it is classified.

The new legislation forbids US guards from inflicting treatment which could constitute a war crime - including torture, rape, murder, and any act intended to cause "serious" physical or mental pain - but gives the President the right to define and decide which other techniques can be used short of that. The CIA would be allowed to continue its secret prisons programme.

Human rights groups have expressed concern that harsh techniques that border on torture, such as sleep deprivation and induced hypothermia, can be used under the new law.

The bill also expands the definition of the "enemy combatants" who can be held and tried, to include those who provide weapons, money and other support to terrorist groups. The bill also enables evidence found in the US or abroad to be taken without a search warrant.

While the President had to concede on some of the specifics, the final bill contained broadly all the key measures he was hoping to see passed.

"The Senate sent a strong signal to the terrorists that we will continue using every element of national power to pursue our enemies and to prevent attacks on America," Mr Bush said in a statement after the Senate vote.

"The Military Commissions Act of 2006 will allow the continuation of a CIA programme that has been one of America's most potent tools in fighting the war on terror," he added.

The legislation had become a major battleground in US politics, pitting measures to safeguard the country from terrorism against the need to protect civil liberties, just weeks ahead of November legislative elections.

Republicans argued that the new legislation was essential, arguing that lawsuits from Guantanamo Bay inmates were blocking the courts' ability to proceed with the course of justice and were detracting from the war on terror. They accused the Democrats of being soft on matters of national security.

Twelve Democrats joined the Republicans in voting in favour of the bill, while one Republican, Senator Lincoln Chafee of Rhode Island, opposed it and another did not vote.