lack of structural independence, create the perception of a tainted system and the reasonable fear that the various actors involved in the proceedings may be influenced by bias, prejudice, or preconceptions about the cases and the defendants before them. 354. ODIHR notes US representatives’ confidence in the independence of the various actors involved in the proceedings.841 Nevertheless, the potential for perceived or actual undue influence remains in the current system, and it appears that no substantial changes were made to the wording of the MCA 2009 to prevent or mitigate this risk further.842 Military commissions do not seem to present sufficient guarantees of structural independence and of impartiality as required by Article 14(1) of the ICCPR and corresponding OSCE commitments. RIGHT TO A PUBLIC HEARING 355. Publicity of proceedings requires that interested individuals be provided with information and adequate facilities to attend oral hearings, within reasonable limits, especially when there is a high public interest in a specific case.843 The MCA and its implementing regulations mandate public access to military commission proceedings at Guantánamo, unless specific exceptions apply.844 However, in practice, the ability of the public, including media and NGO representatives, to attend and observe public hearings is limited. It is hindered by practical factors related to the remote location of the courtroom, such as limited air service, limited number of seats available to fly to Guantánamo, obligations to apply for permission, to stay at Guantánamo for several consecutive days and to pay their own flight costs, etc.845 Given the significant public interest in military commission Mohammed will receive the justice he deserves”; Josh Gerstein, “Obama on terror trials: KSM will die”, Politico website, 18 November 2001, <http://www.politico.com/news/stories/1109/29661.html>, reporting that President Obama would have said: “I think this notion that somehow we have to be fearful, that these terrorists are –possess some special powers that prevent us from presenting evidence against them, locking them up and, you know, exacting swift justice, I think that has been a fundamental mistake”; “Gibbs: Accused 9/11 plotter likely to be executed”, NBC News website, 31 January 2010, <http://www.nbcnews.com/id/35168785/ns/usnews-security/t/gibbs-accused-plotter%C2%ADlikely-beexecuted/#.VMEsX9RwaJB>, reporting the words of Press Secretary Robert Gibbs: “Khalid Sheikh Mohammed is going to meet justice and he's going to meet his maker. He will be brought to justice and he's likely to be executed for the heinous crimes he committed”; United States Deputy Press Secretary Bill Burton, “Gaggle by Deputy Press Secretary Bill Burton aboard Air Force One en route Tampa, Florida, 1/28/10”, The White House website, 28 January 2010, <http://www.whitehouse.gov/the-pressoffice/gaggle-deputy-press-secretary-bill-burton-aboard-air-force-one-en-route-tampa-flori>: “Well, let me start by saying that Khalid Sheikh Mohammed is a murderous thug who has admitted to crimes - who has admitted to some of the most heinous crimes ever committed against our country”. See, also, Part 2-II-B of this report on the presumption of innocence. 841 In meetings with ODIHR, US representatives stressed their confidence in the independence of the Convening Authority and his Legal Advisor, and in their ability to make fair decisions or provide neutral and detached advice, respectively. ODIHR meeting with the Department of Defense Office for the Convening Authority, 5 September 2014. US representatives also stressed that the prosecution function is independent, and that there have been no attempts whatsoever to influence the prosecution since at least the fall of 2011. ODIHR meeting with the Department of Defense Office of the Chief Prosecutor, op. cit., note 722. 842 See, in particular, MCA 2009, § 949b and MCA 2006, § 949b. See, also, Elsea, “The Military Commissions Act of 2009”, op. cit., note 621, pp. 52-53. 843 UN HRC, General Comment No. 32, op. cit., note 648, para. 28; UN HRC, G. A. van Meurs v. The Netherlands, op. cit., note 785, para. 6.2; Novak, CCPR Commentary, ibid., pp. 324-325. 844 MCA 2009, § 949d(c)(2); RMC, Rule 806; RTMC 2011, Regulations 19-2, 19-6. 845 See, for example, United States Military Commission, United States of America v. Mohammad et al., AE 007, “Order – Government Motion for Public Access to Open Proceedings of this Military Commission via Closed-Circuit Television Transmission to Remote Locations”, 26 April 2012, p. 1; “Media – Welcome to JTF Guantanamo!”, Joint Task Force Guantánamo website, <http://www.jtfgtmo.southcom.mil/xWEBSITE/commissions/media.html>; “Department of Defense Media Ground Rules for Guantanamo Bay, Cuba (GTMO)”, Joint Task Force Guantánamo website, 10 September 2010, paras. K.2-4, <http://www.jtfgtmo.southcom.mil/xWEBSITE/commissions/DOD%20Media%20Ground%20Rules.pdf>; “Guantanamo 154