Defense Officials Discuss Military Commission Procedures

1. On and after September 11^th, in reporting the number of people who were killed here at the Pentagon, DoD was criticized for being too slow, but we got it right.

2. With respect to the global position device recently found in Afghanistan, DoD got it fast, but now we believe we got it wrong.

3. On the development of the rules for the military commission, DoD has been characterized by some as being slow.

4. The fact is, I have been determined to try to get it right.

5. It is an exceedingly important subject, and it’s important for our country that we do it right.

6. I’ve taken some time, first because I wanted to do it well, but second because we had the time available.

7. No individual has yet been assigned to be tried by military commission.

8. So despite the appetite for speed, it was more important to do it well than to do it fast.

9. Our approach has been based on two important principles.

10. First, the president decided to establish military commissions because he wanted the option of a process that is different from those processes which we already have, namely, the federal court system in the United States and the military court system under the Uniform Code of Military Justice.

11. So when people take note of the fact that there are differences with respect to the procedures for the military commissions, they should understand that there is reason for it.

12. Those two systems have different rules and procedures, yet each produces just outcomes. It follows, therefore, that military commission, which will have rules and procedures that are somewhat different from either of those two systems, can also produce just outcomes, despite the differences.

13. An observer who may be more familiar with the federal court system or the military code may try to evaluate the new approach being fashioned for military commissions against what they’re familiar with and then raise questions about the rules and procedures for military commissions.

14. That’s understandable. But I want to be clear from the start.

15. The commissions are intended to be different, and the reason is – is because the president recognized that there had to be differences to deal with the unusual situation we face and that a different approach was needed for that reason, just as was the case during several previous conflicts in our country’s history.

16. Our second guiding principle is related.

17. Observers may be inclined to examine each separate provision and compare it to what they know of the federal criminal court system or the court-martial system, and feel that they might prefer a system that they were more comfortable with.

18. I suggest that no one provision should be evaluated in isolation from the others.

19. If one steps back from examining the procedures provision by provision, and instead drops a plumb line down through the center of them all, we believe that most people will find that taken together, they are fair and balanced and that justice will be served in their application.

20. The general counsel, Jim Haynes, who has spent an enormous amount of time on this subject, and the undersecretary of Defense for Policy – and needless to say, there’s a mixture of legal and political policy questions – are here.

21. They will come up to the podium and respond to technical questions after General Pace and I depart.

22. They’ll review the procedures and answer questions.

23. However, I do want to highlight some of the main provisions.

24. The accused will enjoy a presumption of innocence; will not be required to testify or incriminate themselves at the trial.

25. They will have the ability to discover information and obtain witnesses and evidence needed for the trial and be present at public trial.

26. Cannot be tried for the same offense twice. Will be provided with military defense counsel at government expense, and will also be able to hire defense counsel of their choosing at their expense.

27. Further, proceedings will be open, unless the presiding officer determines it’s necessary to close the proceedings to protect classified or sensitive information, or for another reason; namely, the safety of the trial participants.

Контрольні питання

1. Що таке лінійність перекладу за Г. Мірамом?

2. У чому полягає різниця між лінійним і літературним перекладом?

3. Коли можливо використовувати лінійний переклад у професійній діяльності перекладача?

4. Які чинники полегшують, а які ускладнюють переклад з аркуша?

Література: [1, с. 97–98; 3, c. 63–83; 4, c. 32–43].