WRITTEN QUESTION E-1272/02

Submission: To the Commission

24 April 2002

Subject: Appeal for the repeal of the Bush Administration’s Military Order

According to Amnesty International, the operating instructions for the special military tribunals recently issued by the U.S. Secretary of Defense highlighted the serious flaws in the Military Order signed by President Bush on November 13, 2001, resulting in any trial before these tribunals violating the international obligations of the U.S.

The provisions of the Military Order include:

– discrimination against foreign nationals in violation of international law that prohibits discrimination based on nationality,

– minimal evidence requirements, which does not explicitly exclude statements obtained through torture,

– absence of the right to appeal to an independent and impartial court established by law,

• – no independence of the military commissions from the executive authority, among others.

Does the Commission intend to exert pressure on the U.S. government for the repeal of the Military Order and for compliance with its international commitments regarding the respect for human rights?