WASHINGTON, March 21: The Bush administration has decided that the military tribunals it proposes to establish to try high-ranking Al Qaeda and Taliban members will provide right of appeal and capital punishment will be possible only through a unanimous verdict.

These apparent concessions in the original plans for the tribunals have followed criticism from America’s European allies and international human rights groups that have pointed out that the tribunals could violate the rights of suspects. Before Sept 11, the United States itself had campaigned against establishment of special courts or tribunals in other countries.

Likely candidates for the military courts are the Al Qaeda/Taliban fighters incarcerated at Camp X-ray in Guantanamo Bay, Cuba, but of the 300 prisoners there, most are said to be ordinary soldiers. The military courts are supposed to be meant for senior Taliban and Al Qaeda men and a decision to establish them was taken in the anticipation that Operation Enduring Freedom in Afghanistan would provide a rich haul of such leaders. This has not happened, with former minister Mutawakkil perhaps the highest-ranking Taliban leader currently in custody (of Afghan authorities).

While making some concessions to suspects’ rights, the rules for the military tribunals will still provide for admissibility of hearsay and secondhand evidence, which is not permissible in civil courts here.

The trials will be open to the public and the defendants will be able to hear the evidence against them. But hearings can be ordered to be closed when it is determined that classified information will be produced. Defendants will be provided with lawyers at government expense and can also hire their own advocates. However, appeals against the verdicts will lie with higher military panels nominated by the president rather than an independent judicial authority.

The device of military tribunals has not been invoked in the US since the days of the Truman administration immediately after World War II.

The rules for the military commissions or tribunals were formally announced by Defence Secretary Donald Rumsfeld at the Pentagon on Thursday afternoon, when he said there would be a presumption of innocence of the accused during trials before the commissions and cases would have to be proved beyond a reasonable doubt. The accused would have the right to call witnesses.

A two-third majority would be needed for a conviction, and a unanimous verdict in the case of capital punishment. The secretary said every effort was made to ensure a just outcome by the commissions.