Guantanamo captives' documents: Difference between revisions

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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 Convention]], 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.   
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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. <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

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Template:TOC-right Initially the Bush 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 Office for the Administrative Review of Detained Enemy Combatants (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 combatants".

CSRT unclassified dossiers

179 Guantanamo captives had the unclassified documents prepared for their Combatant Status Review Tribunals (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 commissions. 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.

September 10th, 2007 publications

The DoD published nine new lists and 112 pdf files containing new documents, or new versions of previously published documents.[3]

Index for Combatant Status Review Board unclassified summaries of evidence
  • The nine files differ markedly from the first time these documents were published.[4][5][6][7][8]
    • The memos in the original publication had both the captives' names and their ISNs redacted.
    • The memos in the original publication were not in alphabetic order, nor in order by the ISNs.
    • Some of the memos were heavily notated. 169 of them had handwritten notes with the ISN number in the upper right hand corner.
    • The new version do not have either the names or ISNs redacted, and the are in order by ISN.
Index for Testimony
  • This file, dated September 4 2007, indexes into the 53 pdf files containing CSR Tribunal and related documents for 360 of the 558 captives.[3][9]
Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
  • This file, dated August 8 2007, indexes into 52 pdf files that contain the records from 179 captive documents -- mainly writs of habeas corpus.[3][10]
Index of Transcripts and Certain Documents from ARB Round One
  • This file, dated August 9 2007, indexes into 19 pdf files that contain the transcripts from 279 captives' transcripts from their first annual ARB hearings.[3][11]
Index to Summaries of Detention-Release Factors for ARB Round One
  • This file, dated July 17 2007, indexes into 14 pdf files, that contain all 464 Summary of Evidence memos prepared for the first annual ARB hearings.[3][12]
  • On March 3 2006 the DoD published three pdf files that contained 121 ARB Summary of Evidence memos. Those three files unlike the other 70 files published in 2006 had the captives' ISNs redacted, and their names in the clear.
Index to Transfer and Release Decision for Guantanamo Detainees
Index to Transcripts and Certain Documents from Administrative Review Boards Round Two
  • This file, dated September 4 2007, provides an index to ten files that contain 66 transcripts or other documents from the second annual ARB documents.[3][14]
Index of Summaries of Detention-Release Factors for ARB Round Two
Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two

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.[17]

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. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 OARDEC. Combatant Status Review Tribunal (CSRT) and Administrative Review Board (ARB) Documents, United States Department of Defense, September 10 2007. Retrieved on 2007-09-29.
  4. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named CSRTSummaryofEvidenceJan2005
  5. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named CSRTSummaryofEvidenceFeb2005
  6. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named CSRTSummaryofEvidenceMar2005
  7. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named CSRTSummaryofEvidenceApril2005
  8. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named CSRTSummaryofEvidencSpring2005
  9. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named OardecCsrtTranscripts20070904
  10. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named OardecPubliclyFiledDocuments20070910
  11. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named OardecArb1Transcripts20070809
  12. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named OardecArb1Factors
  13. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named OardecArb1DecisionMemos20070717
  14. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named OardecArb2Transcripts20070717
  15. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named OardecArb2Factors20070717
  16. ↑ OARDEC (August 10 2007). Index Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two. United States Department of Defense. Retrieved on 2007-09-29.
  17. ↑ 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.
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