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.
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. 


This position was widely criticized, and was challenged in the [[United States]]'s Judicial System, with several cases eventually being heard before the [[Supreme Court of the United States]].  In [[Rasul v. Bush]] the Supreme Court over-ruled the Executive Branch, and clarified that US law did apply in Guantanamo.  Guantanamo captives were entitled to mount challenges to their detention through [[habeas corpus|writs of habeas corpus]].
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
To understand the multiple processes, the totality of all individuals must be known, and then the particular proceedings in which each individual has been involved.
| author = Chris Mackey & Greg Miller
 
| publisher = Little, Brown & Co. | year = 2004 | isbn = 0-316-87112-5}}</ref>  
By September 2007, 11 official lists have been published. Many captives names were spelled inconsistently on these lists.<ref name=DoDList>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf
| title=List of detainee who went through complete CSRT process
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2006-04-20
| accessdate=2007-09-29
}}</ref><ref name=DoDList2>
{{cite web
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2006-05-15
| accessdate=2007-09-29
}}</ref>
<ref name=DoDList2/>
 
<ref name=OardecArb1Transcripts20070809>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_transcripts_documents.pdf
| title=Index of Transcripts and Certain Documents from ARB Round One
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2007-08-09
| accessdate=2007-09-29
}}</ref>
<ref name=OardecArb1Factors>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf
| title=Index to Summaries of Detention-Release Factors for ARB Round One
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2007-08-09
| accessdate=2007-09-29
}}</ref>
<ref name=OardecArb1DecisionMemos20070717>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_transfer_release_decision_ARB_Round_1.pdf  
| title=Index to Transfer and Release Decision for Guantanamo Detainees
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2007-07-17
| accessdate=2007-09-29
}}</ref>
<ref name=OardecArb2Transcripts20070717>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_Transcripts_ARB2.pdf
| title=Transcripts and Certain Documents from Administrative Review Boards Round Two
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2007-07-17
| accessdate=2007-09-29
}}</ref>
<ref name=OardecArb2Factors20070717>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf
| title=Index of Summaries of Detention-Release Factors for ARB Round Two
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2007-07-17
| accessdate=2007-09-29
}}</ref>
<ref name=OardecArb2DecicsionMemo>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Decision_Memos.pdf Index
| title=Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2007-08-10
| accessdate=2007-09-29
}}</ref>


==Documents prepared for non-court administrative hearings. ==
==Documents prepared for non-court administrative hearings. ==


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. [[Rasul v. Bush]] has been described as the requirement for both, with the procedure in both derived from [[Army Regulation 190-8]] (AR 190-0).
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.  
 
The mandate of the AR 190-8 Trinbunals is to fulfill the USA's Geneva Convention obligation to give captives a "[[competent tribunal]]" -- authorized to make a determination as to whether the captive is a "[[privileged belligerent]]" entitled to the Conventions protections, an innocent civilian, who should be immediately released, or a combatant who has violated the laws of war.  According to the Geneva Conventions only combatants who a competent tribunal, like the AR 190-8 Tribunals, has determined are combatants who have violated the laws of war can be tried for hostile acts.
===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 combatants".  
 
====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 dossier.<ref name=OardecPubliclyFiledDocuments20070910/>
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.<ref name=OardecCsrtSummaryOfEvidence20070717>
 
<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
}}</ref>
}}</ref>
<ref name=OardecCsrtTranscripts20070904>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf
| title=Index for testimony
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2007-09-04
| accessdate=2007-09-29
}}</ref>
<ref name=OardecPubliclyFiledDocuments20070910>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf
| title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2007-08-08
| accessdate=2007-09-29
}}</ref>
In response to a [[Freedom of Information Act]] (FOIA) request from the [[Associated Press]] the [[United States Department of Defense]] released 507 or the 558 [[Summary of Evidence (CSRT)|Summary of Evidence memos]] prepared for the captives' CSR Tribunals.<ref name=CSRTSummaryofEvidenceJan2005>
[http://www.dod.mil/pubs/foi/detainees/detainees.pdf Summary of Evidence memos, released in winter 2005 (.pdf)], ''[[US Department of Defense]], Winter 2005
</ref>
<ref name=CSRTSummaryofEvidenceFeb2005>
[http://www.dod.mil/pubs/foi/detainees/csrt_feb05.pdf Summary of Evidence memos, released in February 2005 (.pdf)], ''[[US Department of Defense]], February 2005
</ref>
<ref name=CSRTSummaryofEvidenceMar2005>
[http://www.dod.mil/pubs/foi/detainees/csrt_mar05.pdf Summary of Evidence memos, released in March 2005 (.pdf)], ''[[US Department of Defense]], March 2005
</ref>
<ref name=CSRTSummaryofEvidenceApril2005>
[http://www.dod.mil/pubs/foi/detainees/April_CSRT_FOIArelease4.pdf Summary of Evidence memos, released in April 2005 (.pdf)], ''[[US Department of Defense]], April 2005
</ref>
<ref name=CSRTSummaryofEvidencSpring2005>
[http://www.dod.mil/pubs/foi/detainees/final_CSRB_6.pdf Summary of Evidence memos, released in Spring 2005 (.pdf)], ''[[US Department of Defense]], Spring 2005
</ref> 




Line 146: Line 34:
==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 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 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 July 2006 the Supreme Court ruled, in [[Hamdan v. Rumsfeld]], that the Bush Presidency lacked the [[United States Constitution|constitutional authority]] to establish military commissions.  It ruled that only the [[United States Congress]] had the authority to establish the 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]].  This act established a third version of the military commissions.  Three of the original ten captives who had faced charges under the earlier versions of the commissions had new charges filed under the new version.  These charges were also 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.


==14 "high value detainees"==
On September 6 2006 President Bush transferred 14 "[[high value detainees]]" who had been held in secret [[CIA]] [[black sites]].  They were the first transfers since Rasul v. Bush.
Another five new captives were transferred in the year that followed.
==September 10th, 2007 publications==
The DoD quietly published nine new lists and 112 pdf files containing new documents, or new versions of previously published documents.<ref name=Oardec20070910>
{{cite news
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index.html
| title=Combatant Status Review Tribunal (CSRT) and Administrative Review Board (ARB) Documents
| date=September 10 2007
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| accessdate=2007-09-29
}}</ref>
{| class="wikitable" border="1"
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf Index for Combatant Status Review Board unclassified summaries of evidence] ||
* The nine files differ markedly from the first time these documents were published.<ref name=CSRTSummaryofEvidenceJan2005/><ref name=CSRTSummaryofEvidenceFeb2005/><ref name=CSRTSummaryofEvidenceMar2005/><ref name=CSRTSummaryofEvidenceApril2005/><ref name=CSRTSummaryofEvidencSpring2005/> 
**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.
|-
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf 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.<ref name=Oardec20070910/><ref name=OardecCsrtTranscripts20070904/>
|-
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf 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.<ref name=Oardec20070910/><ref name=OardecPubliclyFiledDocuments20070910/>
|-
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_transcripts_documents.pdf  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.<ref name=Oardec20070910/><ref name=OardecArb1Transcripts20070809/>
|-
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf  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 (ARB)|Summary of Evidence memos]] prepared for the first annual ARB hearings.<ref name=Oardec20070910/><ref name=OardecArb1Factors/>
* 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.
|-
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_transfer_release_decision_ARB_Round_1.pdf  Index to Transfer and Release Decision for Guantanamo Detainees] ||
*This file, dated July 17 2007, provides an index to eleven pdf files that contain 133 [[Administrative Review Board Decision memo]]s from the first annual set of ARB hearings.<ref name=Oardec20070910/><ref name=OardecArb1DecisionMemos20070717/>
|-
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_Transcripts_ARB2.pdf 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.<ref name=Oardec20070910/><ref name=OardecArb2Transcripts20070717/>
|-
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf Index of Summaries of Detention-Release Factors for ARB Round Two] ||
*This file, dated July 17 2007, indexes into ten pdf files that contain 330 [[Summary of Evidence (ARB)|Summary of Evidence memos]] prepared for the second annual ARB hearings.<ref name=Oardec20070910/><ref name=OardecArb2Factors20070717/>
|-
| [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Decision_Memos.pdf Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two] ||
*This file, dated August 10 2007, provides an index to six pdf files that contain 55 [[Administrative Review Board Decision memo]]s from the second annual set of ARB hearings.<ref name=Oardec20070910/><ref name=OardecArb2DecicsionMemo>
{{cite web
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Decision_Memos.pdf Index
| title=Index of Transfer and Release Decision for Guantanamo Detainees from ARB Round Two
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=August 10 2007
| accessdate=2007-09-29
}}</ref>
|}
==November 19, 2007 publication of captives released because they were not combatants==


In late 2004 and early 2005 [[OARDEC]]'s recommendations that thirty-eight captives had not been enemy combatants in the first place was confirmed by the [[Designated Civilian Official]].


In 2006 the [[Washington Post]] could only confirm the names of 30 of the 38 men.<ref name=WapoNlec> [http://projects.washingtonpost.com/guantanamo/nlec/ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants"], ''[[Washington Post]]''</ref>
==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.<ref name=DoDNlecList20071119>
On November 19, 2007 the Department of Defense published an official list of the 38 men's names.<ref name=DoDNlecList20071119>
{{cite news
{{cite news
| 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=
Line 237: Line 58:


==References==
==References==
[[
{{reflist|2}}

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https://en.citizendium.org/wiki/index.php?title=Guantanamo_captives%27_documents&printable=yes
This editable Main Article is under development and subject to a disclaimer.

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 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.


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.
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