In the face of mounting opposition, Australian government backs new Guantánamo courts

The new guidelines, however, are little different—and in some cases, worse—than the previous kangaroo court hearing procedures. In a clear attempt to secure the guilty verdicts demanded by the Bush administration, the military commissions reverse long-standing legal procedures. Hearsay and statements obtained by coercion are allowed and prisoners denied habeas corpus rights to challenge the legality of their detention in a civilian court.

While defence lawyers can challenge hearsay or coerced evidence from a third party, their objections can be overruled if the military commissioners, who are appointed by the Pentagon, deem the evidence “credible”.

The new rules formally exclude evidence obtained by torture, but many interrogation methods previously defined as torture are now deemed “coercive” and therefore allowed. They include water boarding, sleep deprivation and other psychological torture. Water boarding is a notorious technique dating back to the Inquisition, in which prisoners are bound, blindfolded and have water poured over their faces to simulate drowning. This induces a severe gag reflex, with victims believing that they are about to die.

US Marine Corps Major Michael Mori, defence lawyer for Australian citizen David Hicks, who has been in Guantánamo for over five years—much of it in solitary confinement—denounced the new rules, declaring: “We have the same broken down house with a fresh coat of paint.”

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http://wsws.org/articles/2007/jan2007/hick-j26.shtml