In his role as Chair of the New York State Bar Association's Committee on Civil Rights, New York partner Fernando Bohorquez presented a report and recommendation concerning Guantánamo Bay detainees to the American Bar Association's House of Delegates at its mid-year meeting in Boston on February 16.
The recommendation calls for the Obama administration to, among other things, prosecute Guantánamo detainees in Article III federal courts, unless, in the case of recognized war crimes, the attorney general certifies otherwise, in which case they must be tried in regularly constituted courts and given well defined rights consistent with due process, traditional principles of the laws of war, the Geneva Conventions and the Uniform Code of Military Justice.
The recommendation passed the house of delegates by an overwhelming voice vote. Addressing the delegates, Bohorquez said the ABA must signal its position. "Now with the possibility for systemic change on the horizon, it is not the time to remain silent. We ask this organization to engage with the president in the process of restoring our nation's commitment to rule of law." Bohorquez characterized the measure as "a timely, basic reaffirmation of the rule of law as it applies to Guantánamo. Not only is Recommendation 10A the right thing to do, but now is the time to do it. We should be engaged in the dialogue from the beginning. We would be remiss not to capitalize on this opportunity. The president—a lawyer and a constitutional law professor, no less—will want to know what the ABA has to say" about how to deal with enemy combatants, Bohorquez said.
To watch the video of Bohorquez's presentation, from the ABA website, click here.