Huffington Magazine Issue 38 | Page 61

RYAN REILLY HELD AT BAY opposed to federal courts. “There are narrow but important differences, and this often gets lost when I talk about federal courts, because someone will say, ‘Hey, he should try to just mimic federal courts, why do you need [military commissions]?’” Martins said, sitting in a bare-bones office in the old court building at the top of the hill overlooking the new courthouse. “This just fuels the argument about how, why are they necessary? The differences are important.” HUFFINGTON 03.03.13 Miranda rights don’t apply in military commissions — statements just need to be determined to be voluntary in order to be included as evidence. There are also looser rules on hearsay statements. Martins said the distinctions between U.S. courts and the military commissions could be “decisive in certain cases.” The reformed military commissions are designed to address some of the concerns of both the U.S. government and human rights advocates. Any statements obtained as a result of torture or cruel or degrading treatment are prohibited. Detainees have greater ac- Defense attorneys speak with members of the media in the old airplane hangar, repurposed as a work space for journalists and human rights observers.