Administrative Review Board

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Hearing room where Guantanamo detainee's annual Administrative Review Board hearings convened for those whose Combatant Status Review Tribunal had already determined they were an "enemy combatant". ARB trailer.jpg
Hearing room where Guantanamo detainee's annual Administrative Review Board hearings convened for those whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".

The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta at the United States Navy base at Guantanamo Bay, Cuba.

Contents

The purpose of the Board is to review whether the detainees still represent a threat. US President George W. Bush initially called the detainees "illegal combatants." [2] [3] [4] But, without a formal announcement of the policy change, the Bush Administration changed their description to "enemy combatant". From July 2004 through March 2005, military authorities conducted a one-time Combatant Status Review Tribunal for each detainee, to confirm whether they had been properly been classified as an "enemy combatant".

The Combatant Status Reviews were criticized by human rights workers because the detainees were not entitled to legal counsel, and did not know what allegations they had to defend themselves against, and the detainees had no presumption of innocence. The ARB was created in an attempt to mitigate the harsh results of potentially indefinite detention by allowing an annual review to determine whether the individual should still be detained.

The Combatant Status Reviews determined that 38 detainees were not illegal combatants after all. They determined that the rest of the detainees had been correctly classified as "enemy combatants" during their original, secret, classifications.

The first set of Administrative Reviews took place between December 14, 2004 and December 23, 2005. The Boards met to consider the cases of al 463 eligible detainees. They recommended the release of 14 detainees, and the repatriation of 120 detainees to the custody of the authorities in their home countries.

As of December 2023, 30 detainees remain at Guantanamo Bay. [5]

The United States Department of Defense (DoD) was under a court order from United States District Court Judge Jed Rakoff to release the names of all the detainees by 6:00 p.m. EST on March 3, 2006. The Department of Defense did not meet this deadline. They delivered a CD-ROM with approximately 5,000 pages of documents at 6:20 pm. DoD had to take that CD-ROM back and issue a second copy that without files that DoD decided not to release.

Factors for and against continued detention

As part of this release of documents the DoD released three files containing summaries of the factors for and against the release of some of the detainees. [6] [7] [8] These documents summarized the factors for and against the continued detention of 120 detainees. These documents contain the detainee's names. The DoD has not explained why they did not comply with Rakoff's court order and release the factors for and against the other 343 detainees.

Some of the factors listed in favour of continued detention for some detainees were repetitions of allegations that had already been refuted during the detainee's Combatant Status Review Tribunals.

Summarized Transcripts of Administrative Review Board hearings

The DoD also released an incomplete set of four files containing summarized transcripts from administrative review board hearings. [9] [10] [11] [12] Over the next six weeks the DoD released 15 more files containing transcripts. [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] Most of these transcripts do not contain the detainees names. However, almost all the transcripts bear the detainee's Guantanamo ID number on the lower right hand corner of each page, and on April 20, 2006, and on May 15, 2006, the DoD released lists of the detainees, with their associated detainee IDs. [28] [29]

In early September 2007 the DoD published additional documents from the second set of Review Board hearings convened in 2006. [30] [31] [32] [33] [34] [35] [36] [37] [38] [39] [40]

Less than twenty percent of the remaining detainees participated in their hearings. The Department only published transcripts of the hearings in which detainees chose to participate.

Releases

According to an article from the International Herald Tribune from April 22, 2006, the ARB had determined three detainees could be released and 107 detainees could be repatriated to the custody of their home country, yet they still remained at Guantanamo. [41] US officials said their continued detention was due to concerns the detainees might be tortured or killed if they were returned or repatriated.

Observers

Very few of the Review Board hearings were observed by members of the press. [42] Adam Brookes of the BBC wrote on April 8, 2005, about being allowed to sit in on the first Administrative Review Board hearing where observers were permitted. He wrote that over sixty Review Board hearings had been convened with no press attendance.

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References

  1. ↑ Spc Timothy Book (March 10, 2006). "Review process unprecedented" (PDF). The Wire (JTF-GTMO). p. 1. Archived from the original (PDF) on December 1, 2008. Retrieved 2007-10-12.
  2. ↑ "Text of Bush, Karzai Remarks". Fox News. January 28, 2002. Retrieved 2008-02-19. BUSH: The question is about the detainees in Guantanamo Bay. I had a very interesting meeting this morning with my national security team. We're discussing all the legal ramifications of how we characterize the actions at Guantanamo Bay."
    "A couple of things we agree on. One, they will not be treated as prisoners of war; they're illegal combatants. Secondly, they will be treated humanely. And then I'll figure out -- I'll listen to all the legalisms and announce my decision when I make it.
  3. ↑ Kevin Drew (December 7, 2001). "Tribunals break sharply from civilian courts". CNN. Archived from the original on May 20, 2011. Retrieved 2008-02-19.
  4. ↑ Jon Leyne (29 January 2002). "Rift in Bush's team over detainees". BBC . Retrieved 2008-02-19. If Colin Powell prevails, a tribunal would have to determine the detainees' status.
  5. ↑ "The Guantánamo Docket". The New York Times. 11 December 2023. Archived from the original on 10 January 2024. Retrieved 10 January 2024.
  6. ↑ ARB_Factors_Set_1_944-1045.pdf, Department of Defense , March 3, 2006
  7. ↑ ARB_Factors_Set_2_1046-1160.pdf, Department of Defense , March 3, 2006
  8. ↑ ARB_Factors_Set_3_1161-1234_Revised.pdf, Department of Defense , March 3, 2006
  9. ↑ ARB_Transcript_Set_1_395-584.pdf, Department of Defense , March 3, 2006
  10. ↑ ARB_Transcript_Set_2_585-768.pdf, Department of Defense , March 3, 2006
  11. ↑ ARB_Transcript_Set_3_769-943_FINAL.pdf, Department of Defense , March 3, 2006
  12. ↑ ARB_Transcript_Set_4_1431-1455.pdf, Department of Defense , March 3, 2006
  13. ↑ ARB_Transcript_Set_5_20000-20254.pdf, Department of Defense , April 20, 2006
  14. ↑ ARB_Transcript_Set_6_20255-20496.pdf, Department of Defense , April 20, 2006
  15. ↑ ARB_Transcript_Set_7_20497-20750.pdf, Department of Defense , April 20, 2006
  16. ↑ ARB_Transcript_Set_8_20751-21016.pdf, Department of Defense , April 20, 2006
  17. ↑ ARB_Transcript_Set_9_21017-21351.pdf, Department of Defense , April 20, 2006
  18. ↑ ARB_Transcript_Set_10_21352-21661.pdf, Department of Defense , April 20, 2006
  19. ↑ ARB_Transcript_Set_11_21662-22010.pdf, Department of Defense , April 20, 2006
  20. ↑ ARB_Transcript_Set_12_22011-22244.pdf, Department of Defense , April 20, 2006
  21. ↑ ARB_Transcript_Set_13_22245-22523.pdf, Department of Defense , April 20, 2006
  22. ↑ ARB_Transcript_Set_14_22524-22682.pdf, Department of Defense , April 20, 2006
  23. ↑ ARB_Transcript_Set_15_22683-22733.pdf, Department of Defense , April 20, 2006
  24. ↑ ARB_Transcript_Set_16_22734-22821.pdf, Department of Defense , April 20, 2006
  25. ↑ ARB_Transcript_Set_17_22822-23051.pdf, Department of Defense , April 20, 2006
  26. ↑ ARB_Transcript_Set_18_23052-23263.pdf, Department of Defense , April 20, 2006
  27. ↑ ARB_Transcript_Set_19_23264-23359.pdf, Department of Defense , April 20, 2006
  28. ↑ list of prisoners (.pdf), US Department of Defense , April 20, 2006
  29. ↑ list of prisoners (.pdf), US Department of Defense , May 15, 2006
  30. ↑ OARDEC (July 17, 2007). "Transcripts and Certain Documents from Administrative Review Boards Round Two" (PDF). United States Department of Defense. Archived from the original (PDF) on 26 October 2007. Retrieved 2007-09-29.
  31. ↑ OARDEC (2006). "ARB Transcripts 2000-2099" (PDF). United States Department of Defense. Archived from the original (PDF) on 26 June 2008. Retrieved 2008-06-19.
  32. ↑ OARDEC (2006). "ARB Transcripts 2100-2195" (PDF). United States Department of Defense. Archived from the original (PDF) on 2008-07-16. Retrieved 2008-06-19.
  33. ↑ OARDEC (2006). "ARB Transcripts 2196-2293" (PDF). United States Department of Defense. Archived from the original (PDF) on 2008-07-16. Retrieved 2008-06-19.
  34. ↑ OARDEC (2006). "ARB Transcripts 2294-2396A" (PDF). United States Department of Defense. Archived from the original (PDF) on 2008-07-16. Retrieved 2008-06-19.
  35. ↑ OARDEC (2006). "ARB Transcripts 2397-2490" (PDF). United States Department of Defense. Archived from the original (PDF) on 16 July 2008. Retrieved 2008-06-19.
  36. ↑ OARDEC (2006). "ARB Transcripts 2491-2598E" (PDF). United States Department of Defense. Archived (PDF) from the original on 16 July 2008. Retrieved 2008-06-19.
  37. ↑ OARDEC (2006). "ARB Transcripts 2599-2697" (PDF). United States Department of Defense. Archived from the original (PDF) on 2008-07-16. Retrieved 2008-06-19.
  38. ↑ OARDEC (2006). "ARB Transcripts 2698-2800" (PDF). United States Department of Defense. Archived from the original (PDF) on 2008-07-16. Retrieved 2008-06-19.
  39. ↑ OARDEC (2006). "ARB Transcripts 2801-2918" (PDF). United States Department of Defense. Archived from the original (PDF) on 16 July 2008. Retrieved 2008-06-19.
  40. ↑ OARDEC (2006). "ARB Transcripts 2919-3025" (PDF). United States Department of Defense. Archived from the original (PDF) on 2008-07-16. Retrieved 2008-06-19.
  41. ↑ Stuck in Guantánamo [ permanent dead link ], International Herald Tribune , April 22, 2006
  42. ↑ Adam Brookes (8 April 2005). "Inside Guantanamo's secret trials". BBC News . Retrieved 2008-06-19. We were struck by the cursory nature of the questioning, and the absence of an attempt to reconcile conflicting claims as to what the young, sullen detainee had actually done.
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