Detainees to receive all evidence

Last update: February 11, 2008 - 11:03 PM

The six detainees will be shown all the evidence against them and will be afforded the same rights as U.S. soldiers accused of crimes, the Pentagon said. It said the men would be given more rights than the top Nazis tried at Nuremberg. But the tribunal will be run by the U.S. military, with military lawyers, military judges and a jury of at least 12 military officers. The verdict can be appealed to the Court of Military Commission Review, then the District of Columbia Circuit Court of Appeals to the Supreme Court.

Death penalty: Prosecutors can designate charges as capital when they present them. That is expected this week. The prospect of capital punishment is likely to throw the process into further uncertainty, since courts demand a higher degree of due process in such cases.

Waterboarding: It would be up to the judge how to handle evidence obtained through "waterboarding," officials said.

What's next: The judge in charge of the commissions must approve the charges; the United States then has 30 days to arraign the accused, and 120 days to start the trial. The defense can seek a delay.

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