New Report on Guantanamo Review Hearings
Law Prof Mark Denbeaux and team have completed their report on the review hearings (pdf) undertaken at Guantanamo:
In the wake of the Supreme Court’s decision that the United States Government must provide adequate procedures to assess the appropriateness of continued detention of individuals held by the Government at Guantánamo Bay, Cuba, the Department of Defense established the Combatant Status Review Tribunals (“CSRT”) to perform this mission.
This Report is the first comprehensive analysis of the CRST proceedings. Like prior reports, it is based exclusively upon Defense Department documents. Most of these documents were released as a result of legal compulsion, either because of an Associated Press Freedom of Information request or in compliance with orders issued by the United
States District Court in habeas corpus proceedings brought on behalf of detainees. Like prior reports, “No Hearing Hearings” is limited by the information available.
1. The Government did not produce any witnesses in any hearing and did not present any documentary evidence to the detainee prior to the hearing in 96% of the cases.
2. The only document that the detainee is always presented with is the summary of classified evidence, but the Tribunal characterized this summary before it as “conclusory” and not persuasive.
3. The detainee’s only knowledge of the reasons the Government considered him to be an enemy combatant was the summary of the evidence.
4. The Government’s classified evidence was always presumed to be reliable and valid.
5. In 48% of the cases, the Government also relied on unclassified evidence, but, like the classified evidence, this unclassified evidence was almost always withheld from the detainee.
6. At least 55% of the detainees sought either to inspect the classified evidence or to present exculpatory evidence in the form of witnesses and/or documents.
a. All requests by detainees to inspect the classified evidence were denied.
b. All requests by detainees for witnesses not already detained in Guantánamo were denied.
There's more findings and a lot of detail in the report, I recommend reading it all.
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