Guantanamo captives' documents: Difference between revisions

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{{PropDel}}<br><br>{{subpages}}
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Initially the [[George W. Bush|Bush]] [[United States President|Presidency]] asserted that they did not have to publish any of the '''Guantanamo captive's documents'''.  They asserted that no captive apprehended in Afghanistan was entitled to the protections of the [[Geneva Conventions]], and that those held in the [[Guantanamo Bay Naval Base]] were not protected by US law either, because it was not on US territory. In [[Rasul v. Bush]] the Supreme Court over-ruled the Executive Branch, and clarified that US law did apply in Guantanamo.   
Initially the George W. Bush|Bush]] United States President|Presidency]] asserted that they did not have to publish any of the '''Guantanamo captive's documents'''.  They asserted that no captive apprehended in Afghanistan was entitled to the protections of the Geneva Conventions]], and that those held in the Guantanamo Bay Naval Base]] were not protected by US law either, because it was not on US territory. In Rasul v. Bush]] the Supreme Court over-ruled the Executive Branch, and clarified that US law did apply in Guantanamo.   


By September 2007, 11 official lists have been published; see [[Guantanamo captives' documents/External Links]]. Many captives names were spelled inconsistently on these lists, which is consistent with the problems of consistent transliteration from nonroman orthography in languages such as Arabic, Farsi and Pashtun. Detainee numbers also were inconsistent, which Mackey observed was true at temporary facilities in Afghanistan. <ref name=Mackey>{{citation
By September 2007, 11 official lists have been published; see Guantanamo captives' documents/External Links]]. Many captives names were spelled inconsistently on these lists, which is consistent with the problems of consistent transliteration from nonroman orthography in languages such as Arabic, Farsi and Pashtun. Detainee numbers also were inconsistent, which Mackey observed was true at temporary facilities in Afghanistan. <ref name=Mackey>{{citation
  | title = The Interrogators: inside the secret war against Al-Qaeda
  | title = The Interrogators: inside the secret war against Al-Qaeda
  | author = Chris Mackey & Greg Miller
  | author = Chris Mackey & Greg Miller
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==Documents prepared for non-court administrative hearings. ==
==Documents prepared for non-court administrative hearings. ==


Based on [[Rasul v. Bush]], the OARDEC (OARDEC) is responsible for the implementation of a one time [[Combatant Status Review Tribunal]] (CSRT) and annual Administrative Review Board (ARB) hearings.  
Based on Rasul v. Bush]], the OARDEC (OARDEC) is responsible for the implementation of a one time Combatant Status Review Tribunal]] (CSRT) and annual Administrative Review Board (ARB) hearings.  
===Combatant Status Review Tribunal===
===Combatant Status Review Tribunal===
The CSR Tribunals mandate is to make a determination as to whether the Guantanamo captives had been correctly determined to have been "[[enemy combatant]]s".  
The CSR Tribunals mandate is to make a determination as to whether the Guantanamo captives had been correctly determined to have been "enemy combatant]]s".  
====CSRT unclassified dossiers====
====CSRT unclassified dossiers====


179 Guantanamo captives had the unclassified documents prepared for their [[Combatant Status Review Tribunal]]s (CSRT) released to their lawyers.  In 2005 the Associated Press hosted 58 of these unclassified CSRT dossiers.<ref name=OardecCsrtSummaryOfEvidence20070717>
179 Guantanamo captives had the unclassified documents prepared for their Combatant Status Review Tribunal]]s (CSRT) released to their lawyers.  In 2005 the Associated Press hosted 58 of these unclassified CSRT dossiers.<ref name=OardecCsrtSummaryOfEvidence20070717>
{{cite web
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
| title=Index for Combatant Status Review Board unclassified summaries of evidence
| title=Index for Combatant Status Review Board unclassified summaries of evidence
| author=OARDEC
| author=OARDEC
| publisher=[[United States Department of Defense]]
| publisher=United States Department of Defense]]
| date=2007-07-17
| date=2007-07-17
| accessdate=2007-09-29
| accessdate=2007-09-29
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==Military Commission charge sheets==
==Military Commission charge sheets==


In 2004 four captives faced charges before the first version of the [[Guantanamo military commission]]s.  The charge sheets against these men were made public. In 2005 a further five captives faced charges, before the second version of the military commissions.  Their charge sheets were also made public.   
In 2004 four captives faced charges before the first version of the Guantanamo military commission]]s.  The charge sheets against these men were made public. In 2005 a further five captives faced charges, before the second version of the military commissions.  Their charge sheets were also made public.   


In 2006 one more captive faced charges before the second version of the military commissions.   
In 2006 one more captive faced charges before the second version of the military commissions.   


In the fall of 2006 Congress passed the [[Military Commissions Act of 2006]], and new charges before themm were made public.
In the fall of 2006 Congress passed the Military Commissions Act of 2006]], and new charges before themm were made public.


In 2008 seventeen more sets of charges were filed under the Military Commissions Act.  Most but not all of the original ten captives initially charged under the Presidentially authorized Military Commissions faced new charges under the Military Commissions Act.  These charges were made public.
In 2008 seventeen more sets of charges were filed under the Military Commissions Act.  Most but not all of the original ten captives initially charged under the Presidentially authorized Military Commissions faced new charges under the Military Commissions Act.  These charges were made public.
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| url=http://media.miamiherald.com/smedia/2008/03/27/20/NLEC_DetaineeList.source.prod_affiliate.56.pdf
| url=http://media.miamiherald.com/smedia/2008/03/27/20/NLEC_DetaineeList.source.prod_affiliate.56.pdf
| title=Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo
| title=Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo
| publisher=[[United States Department of Defense]]
| publisher=United States Department of Defense]]
| author=
| author=
| date=[[November 19]], 2007
| date=November 19]], 2007
| accessdate=2008-04-15
| accessdate=2008-04-15
| quote=
| quote=

Revision as of 06:30, 18 March 2024

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Initially the George W. Bush|Bush]] United States President|Presidency]] asserted that they did not have to publish any of the Guantanamo captive's documents. They asserted that no captive apprehended in Afghanistan was entitled to the protections of the Geneva Conventions]], and that those held in the Guantanamo Bay Naval Base]] were not protected by US law either, because it was not on US territory. In Rasul v. Bush]] the Supreme Court over-ruled the Executive Branch, and clarified that US law did apply in Guantanamo.

By September 2007, 11 official lists have been published; see Guantanamo captives' documents/External Links]]. Many captives names were spelled inconsistently on these lists, which is consistent with the problems of consistent transliteration from nonroman orthography in languages such as Arabic, Farsi and Pashtun. Detainee numbers also were inconsistent, which Mackey observed was true at temporary facilities in Afghanistan. [1]

Documents prepared for non-court administrative hearings.

Based on Rasul v. Bush]], the OARDEC (OARDEC) is responsible for the implementation of a one time Combatant Status Review Tribunal]] (CSRT) and annual Administrative Review Board (ARB) hearings.

Combatant Status Review Tribunal

The CSR Tribunals mandate is to make a determination as to whether the Guantanamo captives had been correctly determined to have been "enemy combatant]]s".

CSRT unclassified dossiers

179 Guantanamo captives had the unclassified documents prepared for their Combatant Status Review Tribunal]]s (CSRT) released to their lawyers. In 2005 the Associated Press hosted 58 of these unclassified CSRT dossiers.[2]


Administrative Review Board

The ARBs mandate is to annually review each captive's case and make a recommendation as to whether the USA has a continuing reason to hold the captive.

Habeas Corpus documents

Thousands of pages from captives habeas corpus requests have been made public.

Military Commission charge sheets

In 2004 four captives faced charges before the first version of the Guantanamo military commission]]s. The charge sheets against these men were made public. In 2005 a further five captives faced charges, before the second version of the military commissions. Their charge sheets were also made public.

In 2006 one more captive faced charges before the second version of the military commissions.

In the fall of 2006 Congress passed the Military Commissions Act of 2006]], and new charges before themm were made public.

In 2008 seventeen more sets of charges were filed under the Military Commissions Act. Most but not all of the original ten captives initially charged under the Presidentially authorized Military Commissions faced new charges under the Military Commissions Act. These charges were made public.


Captives released because they were not combatants

On November 19, 2007 the Department of Defense published an official list of the 38 men's names.[3]

References

  1. Chris Mackey & Greg Miller (2004), The Interrogators: inside the secret war against Al-Qaeda, Little, Brown & Co., ISBN 0-316-87112-5
  2. OARDEC (2007-07-17). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense]]. Retrieved on 2007-09-29.
  3. Detainees Found to No Longer Meet the Definition of "Enemy Combatant" during Combatant Status Review Tribunals Held at Guantanamo, United States Department of Defense]], November 19]], 2007. Retrieved on 2008-04-15.