European officials ask to delay Guantanamo trial
By Associated Press
Jul 14, 2008 8:57 PM CDT

Hundreds of current and former European officials, including a former British attorney general and numerous parliamentarians, have asked a U.S. judge to block a military trial against Osama bin Laden's former driver.

The 375 officials from England, Northern Ireland and the European Parliament represent all major political parties, according the court documents filed in Washington on Friday.

Many of the officials disagree on key foreign policy issues but believe many aspects of Salim Hamdan's upcoming military commission "are clearly at odds with the most basic norms of fair trial and due process," the friend-of-the-court brief said.

Hamdan has been challenging the legality of the military commission system since 2004, but the case stalled as courts wrestled with the question of whether Guantanamo Bay detainees have the right to use civilian courts.

A recent Supreme Court decision gave Hamdan's case new life in a Washington federal courthouse, but by the time a judge could consider the legality of the military commission system, Hamdan's trial might already be over. It's scheduled to begin July 21.

He has asked a judge to block the trial and the European officials sided with him. In particular, they are concerned that Hamdan's military commission trial will allow evidence obtained by coercion, possibly including some of the CIA's harshest interrogation methods.

The court documents also say Hamdan should not be tried for conspiracy and material support for terrorism, since neither was recognized as a violation of the law of war before 2006.

During a global struggle to defend freedom, the officials wrote, the United States should act in the "shared legal tradition" of the international community.

"It is essential to the international legal order that, even when faced with the threat of international terrorism, all states comply with the standards set by international humanitarian law and human rights law," the court documents said.

Among the hundreds of officials listed on the brief were former British Attorney General Nicholas Lyell, former Archbishop of Canterbury George Carey and Betty Boothroyd, former speaker of the House of Commons.

The Justice Department has said the recent Supreme Court ruling changes nothing for the upcoming military commissions. Attorney General Michael Mukasey has said the trials will be held in the best traditions of the U.S. legal system.

(This version CORRECTS spelling of Northern Ireland, instead of Northern Island in paragraph 2.)