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Vertaal:
              De Onderzoeken van Warrantless van de Ruggen van het Hof in het buitenland
Dinsdag, 25 November, 2008
?While the intrusion on el-Hage?s privacy was great, the need for the government to so intrude was even greater,? Judge Cabranes wrote. ?This is going to be a very important precedent that intelligence agencies are going to look at, that the new Obama administration is going to look at,? Orin S. Kerr, a law professor at George Washington University, said on Monday. ?These issues are critical, and the courts rarely rule on them.? The panel also made it easier for prosecutors to protect sensitive information in terrorism cases by holding that judges may bar defendants from having access to classified materials that their lawyers may otherwise examine, if there is concern that unauthorized disclosures of information could jeopardize lives or investigations. The panel declined to declare, as a lower court judge had, that Miranda warnings were required in overseas interrogations of foreign suspects, but it said that a modified version of the warnings, adapted to local circumstances, could be acceptable. ?It is only through the cooperation of local authorities that U.S. agents obtain access to foreign detainees,? Judge Cabranes wrote. ?We have no desire to strain that spirit of cooperation by compelling U.S. agents to press foreign governments for the provision of legal rights not recognized by their criminal justice systems.? Michael J. Garcia, the United States attorney in Manhattan and one of the prosecutors who participated in the embassy case, called the decision ?one further measure of justice for the victims of those attacks.? Defense lawyers said that they were disappointed in the ruling, and would appeal. ?We believe these issues are important enough to deserve Supreme Court review,? said Frederick H. Cohn, whose client, Mohamed Rashed Daoud al-?Owhali, was convicted in the Nairobi attack. Joshua L. Dratel, a lawyer for Mr. el-Hage, said that the appellate decision ?would seem to say that the government?s invocation of national security can trump a United States citizen?s constitutional rights across the board.? The embassy case was the last of the large terrorism trials held in the United States before the Sept. 11, 2001, attacks. Since then, there has been a national debate over whether people accused of terrorism should be treated as criminals and tried in the federal courts, or held as enemy combatants to be tried, if at all, before military tribunals, where defendants have fewer rights and there is less public disclosure. David D. Cole, a law professor at Georgetown University, said the ruling underscored ?that we don?t need a specialized national security court; that we don?t need to depart from the traditional criminal justice system approach for prosecuting terrorists.? The decision, which was joined by Judges Jon O. Newman and Wilfred Feinberg, was divided into three separate opinions, which totaled 178 pages. ?This criminal case presents issues of great importance, many of which are complex and novel,? Judge Cabranes wrote, observing that the case had been in the courts for a decade. The panel also praised Judge Leonard B. Sand, who handled the trial, and Judge Kevin Thomas Duffy, who handled later proceedings, for their care, patience and fairness. The third defendant whose conviction was affirmed was Mohammed Saddiq Odeh. A fourth defendant, Khalfan Khamis Mohamed, did not appeal his conviction. All four men are serving life sentences in the so-called Super Max prison in Florence, Colo. Have Your Say: Court Backs Warrantless Searches Abroad Please read our posting guidelines before posting. Alternatively you can discuss this report here. Related News
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