• • • • • • • • • • • • • • • To ensure that any legislation applicable to the trial of any Guantánamo detainee guarantees the right to be tried without undue delay; To provide an effective remedy to any defendant whose right to trial without undue delay has been violated; To ensure that, in any proceedings against Guantánamo detainees, the principle of equality of arms is fully respected in line with international fair trial standards; To ensure that any Guantánamo detainee suspected of a criminal offence is provided with adequate time and facilities to meet and otherwise communicate with his counsel; To ensure that oral communications between a defendant and his counsel are not subjected to audio-monitoring, audio-recording or other monitoring or recording that would allow authorities to discern the content of confidential attorney-client communications; to ensure confidential written communications between a defendant and his counsel are not intercepted, seized or read; To ensure that there is no undue interference with defence counsel’s ability to carry out their duties, and that attorneys do not suffer or are not threatened with prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics; To ensure that any Guantánamo detainee suspected of a criminal offence has access to all exculpatory material as well as other material evidence that the prosecution intends to offer in any proceedings against him; To ensure that, in any proceedings against Guantánamo detainees, classification rules and policies are strictly proportionate to the need to protect national security; to ensure that the appropriateness of non-disclosure is reassessed throughout the proceedings, and that all measures to restrict access to classified information are accompanied by compensatory safeguards so that the defence is able to answer all aspects of the case; To ensure that, in any proceedings against Guantánamo detainees, the defence has full access to relevant portions of the entire Senate Study on the CIA RDI Programme; To ensure that any Guantánamo detainee charged with a criminal offence has the right to call and examine defence witnesses under the same conditions as prosecution witnesses, and to cross-examine witnesses against him; To ensure that all evidence obtained by or derived from torture, ill-treatment or in violation of the privilege against self-incrimination is not admitted in any proceedings; To review all relevant factors concerning all plea agreements already made in order to ensure that their terms are fully compliant with international human rights obligations and were agreed to voluntarily. In the absence of such finding, to set aside convictions entered into pursuant to such plea agreements; To ensure that the terms of any future plea agreement are fully compliant with international human rights standards and are agreed to voluntarily; In the event that the death penalty is sought in any proceedings against Guantánamo detainees before any court or tribunal, to ensure that international fair trial standards are stringently and rigidly met; In case there is any doubt as to the full compliance of these proceedings with international fair trial standards, the death penalty should not be sought. 29