Matt Prelude wrote on 09/02/2016 15:51:
Without the right to face the accuser, the accusation, or a guarantee
that
all supporting AND contradictory evidence and testimony will be
published,
this is a 'secret court' proposal.
Without going into point by point discussion, I think you're conflating
several things here:
1) the right of the accused to know *what* they are accused of, which I
agree is fundamental
2) the right of the accused to know *who* is doing the accusing, which
may be implied by (1), but may also be in conflict with other rights the
accuser holds, and have to be balanced against them
3) the right of the public to scrutinise the entire process, including
all submissions by both parties
In particular, private mediation between two parties - granting (1) and
(2), but withholding (3) - is sometimes the most constructive approach,
at least until that mediation breaks down.
Regards,
--
Rowan Collins
[IMSoP]
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