Administrative Review Board


Administrative Review Board

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

The purpose of the Board is to review whether the suspects still represent a threat. American President George W. Bush initially called the suspects "illegal combatants."cite news
url=http://www.foxnews.com/story/0,2933,44187,00.html
title=Text of Bush, Karzai Remarks
publisher=Fox News
date=Monday, January 28, 2002
accessdate=2008-02-19
quote=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. ] cite news
url=http://archives.cnn.com/2001/LAW/12/06/inv.tribunals.explainer/
title=Tribunals break sharply from civilian courts
publisher=CNN
author=Kevin Drew
date=December 7, 2001
accessdate=2008-02-19
quote=
] cite news
url=http://news.bbc.co.uk/2/low/americas/1788093.stm
title=Rift in Bush's team over detainees
publisher=BBC
author=Jon Leyne
date=Tuesday, 29 January, 2002
accessdate=2008-02-19
quote=If Colin Powell prevails, a tribunal would have to determine the detainees' status.
] But, without a formal announcement of the policy change, the Bush Presidency changed their description to "enemy combatant". From July, 2004 through March, 2005 military authorities conducted a one-time Combatant Status Review Tribunal for each suspect, 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 suspects were not entitled to legal counsel, and did not know what allegations they had to defend themselves against, and the suspects 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 enemy combatant should still be detained.

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

As of September 2005 there were approximately 500 suspects in Camp Delta.

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.

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 ("DOD") did not meet this deadline. They delivered a CDROM with approximately 5,000 pages of documents at 6:20 pm. DoD had to take that CDROM back and issue a second copy that with redacted files that DoD decided not to release.

Factors for and against continued detention

As part of this release of documents the DoD released three portable document format files containing summaries of the factors for and against the release of some of the detainees. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_1_944-1045.pdf ARB_Factors_Set_1_944-1045.pdf] , "Department of Defense", March 3 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_2_1046-1160.pdf ARB_Factors_Set_2_1046-1160.pdf] , "Department of Defense", March 3 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_3_1161-1234_Revised.pdf ARB_Factors_Set_3_1161-1234_Revised.pdf] , "Department of Defense", March 3 2006] 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.

ummarized Transcripts of Administrative Review Board hearings

The DoD also released an incomplete set of four portable document format files containing summarized transcripts from administrative review board hearings. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_1_395-584.pdf ARB_Transcript_Set_1_395-584.pdf] , "Department of Defense", March 3 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_2_585-768.pdf ARB_Transcript_Set_2_585-768.pdf] , "Department of Defense", March 3 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_3_769-943_FINAL.pdf ARB_Transcript_Set_3_769-943_FINAL.pdf] , "Department of Defense", March 3 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_4_1431-1455.pdf ARB_Transcript_Set_4_1431-1455.pdf] , "Department of Defense", March 3 2006] Over the next six weeks the DoD released 15 more portable document format files containing transcripts. [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_5_20000-20254.pdf ARB_Transcript_Set_5_20000-20254.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_6_20255-20496.pdf ARB_Transcript_Set_6_20255-20496.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_7_20497-20750.pdf ARB_Transcript_Set_7_20497-20750.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_8_20751-21016.pdf ARB_Transcript_Set_8_20751-21016.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_9_21017-21351.pdf ARB_Transcript_Set_9_21017-21351.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_10_21352-21661.pdf ARB_Transcript_Set_10_21352-21661.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_11_21662-22010.pdf ARB_Transcript_Set_11_21662-22010.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_12_22011-22244.pdf ARB_Transcript_Set_12_22011-22244.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_13_22245-22523.pdf ARB_Transcript_Set_13_22245-22523.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_14_22524-22682.pdf ARB_Transcript_Set_14_22524-22682.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_15_22683-22733.pdf ARB_Transcript_Set_15_22683-22733.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_16_22734-22821.pdf ARB_Transcript_Set_16_22734-22821.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_17_22822-23051.pdf ARB_Transcript_Set_17_22822-23051.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_18_23052-23263.pdf ARB_Transcript_Set_18_23052-23263.pdf] , "Department of Defense", April 20 2006] [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_19_23264-23359.pdf ARB_Transcript_Set_19_23264-23359.pdf] , "Department of Defense", April 20 2006] 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. [http://www.defenselink.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)] , "US Department of Defense", April 20 2006] [http://www.defenselink.mil/news/May2006/d20060515%20List.pdf list of prisoners (.pdf)] , "US Department of Defense", May 15 2006]

In early September 2007 the Department of Defense published additional documents from the second set of Review Board hearings convened in 2006.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=July 17 2007
accessdate=2007-09-29
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2000-2099.pdf
title=ARB Transcripts 2000-2099
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2100-2195.pdf
title=ARB Transcripts 2100-2195
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2196-2293.pdf
title=ARB Transcripts 2196-2293
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2294-2396A.pdf
title=ARB Transcripts 2294-2396A
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2397-2490.pdf
title=ARB Transcripts 2397-2490
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2491-2598E.pdf
title=ARB Transcripts 2491-2598E
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2599-2697.pdf
title=ARB Transcripts 2599-2697
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2698-2800.pdf
title=ARB Transcripts 2698-2800
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2801-2918.pdf
title=ARB Transcripts 2801-2918
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] [cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2919-3025.pdf
title=ARB Transcripts 2919-3025
pages=
publisher=United States Department of Defense
author=OARDEC
date=2006
accessdate=2008-06-19
quote=
] The Department published ten portable document format files. Less than twenty percent of the remaining captives participated in their hearings. The Department only published transcripts of the hearings for which captives 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 in Guantanamo. [http://www.iht.com/bin/print_ipub.php?file=/articles/2006/04/21/news/gitmo.php Stuck in Guantánamo] , "International Herald Tribune", April 22 2006] U.S. 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 the members Press.cite news
url=http://news.bbc.co.uk/2/hi/americas/4422825.stm
title=Inside Guantanamo's secret trials
publisher=BBC News
author=Adam Brookes
date=Friday, 8 April 2005
accessdate=2008-06-19
quote=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.
]
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.

References

External links

* [http://www.defenselink.mil/releases/2006/nr20060209-12464.html Guantanamo Bay Detainee Administrative Review Board Decisions Completed] , "US Department of Defense", February 9 2006
* [http://www.bernama.com.my/bernama/v3/news.php?id=160509 I Have Not Seen An Ounce Of Democracy Here, Says Detainee] , Bernama, October 14, 2005
* [http://www.kuna.net.kw/home/story.aspx?Language=en&DSNO=771362 Inmates including Kuwaitis to be subject to certain procedures -- US] , Kuwait News Agency, September 20, 2005
* [http://www.defenselink.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_1_395-584.pdf transcripts released under court order] , "US Department of Defense", March 3 2006


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