Were not entitled to the protection of having a "competent tribunal" convened, where their combatant status would be openly reviewed.
This assertion was criticized by many legal scholars, and lawyers who volunteered to represent Guantanamo captives mounted legal challenges in the US Court system. The first legal challenge to be heard before the United States Supreme Court was Rasul v. Bush.
The Supreme Court addressed some aspects of the case. In particular, it ruled that the Guantanamo captives were entitled to an opportunity to hear, and challenge, the allegations the DoD felt justified their continued extrajudicial detention.
Army Regulation 190-8 sets out the procedure officers of the United States armed forces should follow to determine whether captives taken during a war were:
lawful combatants, entitled to the protections of POW status.
innocent civilian refugees, who should be released immediately.
combatants who have acted in a manner that has stripped them of the protections of POW status.
Guantanamo captive's Personal Representatives duties included:
meeting with captive prior to their Tribunal, to explain the Combatant Status Review Tribunal procedure to them, including:
explaining that the Tribunals were administrative procedures, not judicial procedures.
explaining that captives were entitled to attend every Tribunal session where unclassified evidence was discusses;
explaining that captives were not obliged to testify at their Tribunals;
explaining that they would have an opportunity to respond to all the unclassified allegations presented at their Tribunal.
explaining that they could call upon the testimony of any witnesses they felt could address the allegations they faced, but that their Tribunal's President would then rule whether their witnesses were relevant and reasonably available.
explaining that they could call upon any documents they felt could address the allegations they faced, and as with their witness requests, their Tribunal's President would then rule whether those documents were relevant and reasonably available.
Criticisms of the performance of the Personal Representativeedit
Andy Worthington, author of The Guantanamo Files, singled out the Personal Representatives of two captives who were notably active on their behalf.[3] The names of these officers has not been made public, but the captives they represented were: Farouq Saif and Muhammed Khan Tumani.
See alsoedit
Wikisource has original text related to this article:
Order Establishing Combatant Status Review Tribunal
Wikisource has original text related to this article:
Combatant Status Review Tribunal (fact sheet of October 17, 2006)
^(PDF). Department of Defense. October 15, 2006. Archived from the original (PDF) on 2009-08-09. Retrieved 2007-04-26.
^Andy Worthington. "Guantánamo whistleblowers: Lt. Col. Stephen Abraham is not the first insider to condemn the kangaroo courts". CounterPunch. Retrieved 2007-07-26.
External linksedit
Gordon England (July 29, 2004). "Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants detained at Guantanamo Bay Naval Base, Cuba" (PDF). Department of Defense. Retrieved 2008-02-10.
April 10, 2024
personal, representative, csrt, this, article, relies, excessively, references, primary, sources, please, improve, this, article, adding, secondary, tertiary, sources, find, sources, personal, representative, csrt, news, newspapers, books, scholar, jstor, augu. This article relies excessively on references to primary sources Please improve this article by adding secondary or tertiary sources Find sources Personal Representative CSRT news newspapers books scholar JSTOR August 2009 Learn how and when to remove this template message The Personal Representative is an officer who serves before the Combatant Status Review Tribunals convened for the captives the United States holds in extrajudicial detention in the Guantanamo Bay detention camps in Cuba 1 2 Contents 1 History of the Tribunals 2 Duties of the Personal Representative 3 Criticisms of the performance of the Personal Representative 4 See also 5 References 6 External linksHistory of the Tribunals editThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed December 2010 Learn how and when to remove this template message Initially United States President George W Bush asserted that captives taken during the Global War on Terror Did not qualify for Prisoner of War status as defined by the Geneva Conventions Were not entitled to the protection of having a competent tribunal convened where their combatant status would be openly reviewed This assertion was criticized by many legal scholars and lawyers who volunteered to represent Guantanamo captives mounted legal challenges in the US Court system The first legal challenge to be heard before the United States Supreme Court was Rasul v Bush The Supreme Court addressed some aspects of the case In particular it ruled that the Guantanamo captives were entitled to an opportunity to hear and challenge the allegations the DoD felt justified their continued extrajudicial detention Supreme Court Justice Sandra Day O Connor wrote that the Department of Defense should convene Tribunals similar to those described in Army Regulation 190 8 Army Regulation 190 8 sets out the procedure officers of the United States armed forces should follow to determine whether captives taken during a war were lawful combatants entitled to the protections of POW status innocent civilian refugees who should be released immediately combatants who have acted in a manner that has stripped them of the protections of POW status Duties of the Personal Representative editThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed December 2010 Learn how and when to remove this template message Guantanamo captive s Personal Representatives duties included meeting with captive prior to their Tribunal to explain the Combatant Status Review Tribunal procedure to them including explaining that the Tribunals were administrative procedures not judicial procedures explaining that captives were entitled to attend every Tribunal session where unclassified evidence was discusses explaining that captives were not obliged to testify at their Tribunals explaining that they would have an opportunity to respond to all the unclassified allegations presented at their Tribunal explaining that they could call upon the testimony of any witnesses they felt could address the allegations they faced but that their Tribunal s President would then rule whether their witnesses were relevant and reasonably available explaining that they could call upon any documents they felt could address the allegations they faced and as with their witness requests their Tribunal s President would then rule whether those documents were relevant and reasonably available Criticisms of the performance of the Personal Representative editAndy Worthington author of The Guantanamo Files singled out the Personal Representatives of two captives who were notably active on their behalf 3 The names of these officers has not been made public but the captives they represented were Farouq Saif and Muhammed Khan Tumani See also edit nbsp Wikisource has original text related to this article Order Establishing Combatant Status Review Tribunal nbsp Wikisource has original text related to this article Combatant Status Review Tribunal fact sheet of October 17 2006 Recorder CSRT Tribunal President CSRT Reporter CSRT Office for the Administrative Review of the Detention of Enemy CombatantsReferences edit Donald Rumsfeld July 7 2004 Order Establishing Combatant Status Review Tribunal PDF Department of Defense Archived from the original PDF on 2009 08 05 Retrieved 2007 04 26 Combatant Status Review Tribunal PDF Department of Defense October 15 2006 Archived from the original PDF on 2009 08 09 Retrieved 2007 04 26 Andy Worthington Guantanamo whistleblowers Lt Col Stephen Abraham is not the first insider to condemn the kangaroo courts CounterPunch Retrieved 2007 07 26 External links editGordon England July 29 2004 Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants detained at Guantanamo Bay Naval Base Cuba PDF Department of Defense Retrieved 2008 02 10 Retrieved from https en wikipedia org w index php title Personal Representative CSRT amp oldid 1133229399, wikipedia, wiki, book, books, library,
