The
The
rules, which the department says are fair, would allow suspects to be convicted
and possibly executed on the basis of hearsay evidence and some coerced
testimony.
But
the 238-page manual could spark a fresh confrontation between the Bush
administration and the Democratic-led Congress over the treatment of terror
suspects.
The
manual states that the defence must notify the judge if it expects to disclose
classified information and give the government reasonable opportunity to review
it and respond.
The
manual prohibits the use of statements obtained through torture and
"cruel, inhuman or degrading treatment" as prohibited by the US
Constitution.
But
it allows some evidence obtained through coercive interrogation techniques if
obtained before
Congress
and the White House agreed last year that hearsay - a witness quoting someone
else - can be allowed as evidence if a judge rules that the testimony is
reliable.
According
to the manual, this is necessary because witnesses, such as military personnel
or foreigners, may not be available to testify.
The
manual states: "As a general matter, hearsay shall be admitted on the same
terms as any evidence."
In
outlining the maximum punishment for various acts, the new manual includes the
death penalty for people convicted of spying or taking part in a
"conspiracy or joint enterprise" that kills someone.
The
maximum penalty for aiding the enemy - such as providing ammunition or money -
is life imprisonment.
There
are almost 400 people being held at the military's prison in
Thomas
Hemingway, a legal adviser to the Pentagon's office on commissions, said
The defence
department is currently planning trials for at least 10.





















