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37:, and prepared under his supervision by research fellows at the center. It was released on October 17, 2006. It is one of a series of studies on the Guantanamo Bay detention center, the detainees, and government operations that the Center for Policy and Research has prepared based on Department of Defense data.
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Co-author Joshua
Denbeaux tells me: 'The government's own documents proved that the government's claims that the prisoners were the 'worst of the worst' was a false and shameful public relations ploy ... We hope that our reports will convince Congress to amend the Military Commissions Act and restore
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between July 8, 2004 through March 29, 2005, to provide an impartial tribunal for detainees to challenge their detention. It was developed as an alternative to detainees' taking habeas corpus petitions through the federal court system. The status of each detainee was reviewed to see if they qualified
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If the actual trials of the detainees are as empty and shallow and pre-ordained as were the Status Review
Tribunals there is every reason to be mortified at the prospect -- made real by the legislation -- that the federal courts will be frozen out of vital oversight functions. If a regular trial
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Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in
Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been
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This is the trailer where the
Combatant Status Review Tribunals were held. The detainee's hands and feet are shackled to a bolt in the floor in front of the white plastic chair. Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were
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In three cases, the panel found that the detainee was "no longer an enemy combatant," but the military convened new, second tribunals that were told to reconsider the evidence and found each of the three to be enemy
110:(2004), in which it held that foreign detainees and United States citizens had the right of habeas corpus to challenge their detention before an impartial tribunal, the Bush administration developed the process of
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court proceeding were this shoddy, this unwilling to perform a truth-seeking function, this unable to achieve a fair process, the judge presiding over it would be impeached.
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The report was based upon information given by lawyers for 102 Guantanamo detainees and transcripts of the tribunals, which were released by the government under a
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150:. The Bush administration had contended that the Taliban was not a legal government of Afghanistan and al-Qaeda was a terrorist organization.
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federal jurisdiction.' If that happens, the prisoners could contest their conditions of confinement, their imprisonment, and their sentences.
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convened multiple
Tribunals for some captives when their original Tribunals determined they should not have been classified as
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In 74 percent of the cases, the government denied requests to call even those witnesses who were detained at the prison.
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that the "conditions of confinement and a total lack of the due process that the
Supreme Court ordered in '
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to serve as tribunals for the detainees. In addition, the process was to fulfill the obligation under
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The military refused all requests for defense witnesses who were not detained at
Guantanamo.
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The military denied all detainee requests to inspect the classified evidence against them.
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request. The Center study was based on DOD data, some of which was incomplete.
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said, "These were not hearings. These were shams;" he called the hearings a
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from 2004 to 2005. The study is notable as the first documentation that the
577:, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman,
437:"Gitmo detainees denied witnesses: Lawyer calls legal proceedings 'shams,'"
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In 91 percent of the hearings, the detainees did not present any evidence.
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297:, where "enemy combatants" are detained in a juridical "no man's land"
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502:"Guantánamo Prisoners Getting Their Day, but Hardly in Court"
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The government did not produce any witnesses in any hearing.
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These hearings were conducted based on the assertion by the
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Guantanamo Bay captives legal and administrative procedures
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The
Denbeaux represent two detainees at Guantánamo Bay.
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The
Combatant Status Review Tribunals were held by the
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Following the United States
Supreme Court's rulings in
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21:(2006) is the title of a study published by Professor
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in mind, Andrew Cohen, the legal commentator of the
169:at Seton Hall University School of Law published
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282:, Italian philosopher, known for his work on
165:In 2006, after the CSRTs were completed, the
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640:Extrajudicial prisoners of the United States
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583:"No-Hearing Hearings: A Habeas Corpus Case?"
650:George W. Bush administration controversies
116:Article 5 of the Third Geneva Convention
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665:United States national security policy
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655:Counterterrorism in the United States
191:contained the following conclusions:
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215:According to the Associated Press,
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126:determined by a competent tribunal.
44:(CSRT's) for 393 detainees held on
31:Seton Hall University School of Law
311:Criticisms of the War on Terrorism
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142:status according to the terms of
112:Combatant Status Review Tribunals
79:Combatant Status Review Tribunals
42:Combatant Status Review Tribunals
301:Combatant Status Review Tribunal
233:Military Commissions Act of 2006
94:Combatant Status Review Tribunal
479:from the original on 2006-12-01
411:from the original on 2008-06-17
167:Center for Policy and Research
27:Center for Policy and Research
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592:School of Law. Archived from
401:"Bush's War Crimes Cover-up"
184:Findings in the 2006 report
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539:"Our Own Nuremberg Trials"
250:Nat Hentoff opined in the
178:Freedom of Information Act
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69:Freedom of Information Act
469:"Gitmo Justice Is a Joke"
146:and therefore designated
348:Military Commissions Act
353:Third Geneva Convention
323:Extraordinary rendition
40:The study analyzes the
306:Command responsibility
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144:Article 2 of the GCIII
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71:lawsuit filed by the
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399:(December 8, 2006).
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189:No-Hearing Hearings
171:No-Hearing Hearings
132:Bush administration
18:No-Hearing Hearings
518:2007-09-30 at the
363:Unlawful combatant
290:state of emergency
262:Hamdan v. Rumsfeld
148:unlawful combatant
136:war in Afghanistan
121:The Article says:
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107:Hamdi v. Rumsfeld
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295:Black sites
211:combatants.
104:(2004) and
645:Law of war
629:Categories
603:2007-04-02
553:2007-04-02
483:2007-04-02
447:2007-04-02
415:2007-04-02
379:References
333:Irregulars
285:Homo sacer
241:, stated:
221:show trial
33:, his son
231:With the
88:observed.
63:The study
612:cite web
516:Archived
477:Archived
441:NBC News
409:Archived
274:See also
260:' and '
227:Comment
25:of the
513:mirror
50:OARDEC
597:(PDF)
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Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
