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48:, 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.
279:
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
256:
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
98:
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
121:(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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161:. 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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86:. It analyzes the backgrounds of prisoners at Guantánamo Bay as represented in their files and how the CSRTs determined their status.
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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
588:, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman,
448:"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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513:"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.
592:, Megan Sassaman and Helen Skinner (October 17, 2006).
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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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32:(2006) is the title of a study published by Professor
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in mind, Andrew Cohen, the legal commentator of the
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180:at Seton Hall University School of Law published
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293:, Italian philosopher, known for his work on
176:In 2006, after the CSRTs were completed, the
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627:: CS1 maint: multiple names: authors list (
594:"No-Hearing Hearings: A Habeas Corpus Case?"
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661:George W. Bush administration controversies
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127:Article 5 of the Third Geneva Convention
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676:United States national security policy
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666:Counterterrorism in the United States
202:contained the following conclusions:
226:According to the Associated Press,
166:United States Department of Defense
137:determined by a competent tribunal.
55:(CSRT's) for 393 detainees held on
42:Seton Hall University School of Law
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322:Criticisms of the War on Terrorism
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153:status according to the terms of
123:Combatant Status Review Tribunals
90:Combatant Status Review Tribunals
53:Combatant Status Review Tribunals
312:Combatant Status Review Tribunal
244:Military Commissions Act of 2006
105:Combatant Status Review Tribunal
490:from the original on 2006-12-01
422:from the original on 2008-06-17
178:Center for Policy and Research
38:Center for Policy and Research
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1:
603:School of Law. Archived from
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412:"Bush's War Crimes Cover-up"
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7:
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195:Findings in the 2006 report
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550:"Our Own Nuremberg Trials"
261:Nat Hentoff opined in the
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189:Freedom of Information Act
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80:Freedom of Information Act
480:"Gitmo Justice Is a Joke"
157:and therefore designated
359:Military Commissions Act
364:Third Geneva Convention
334:Extraordinary rendition
51:The study analyzes the
317:Command responsibility
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155:Article 2 of the GCIII
149:were not eligible for
145:that detainees in the
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601:Seton Hall University
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82:lawsuit filed by the
590:Daniel Mann (lawyer)
410:(December 8, 2006).
169:for detention as an
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200:No-Hearing Hearings
182:No-Hearing Hearings
143:Bush administration
29:No-Hearing Hearings
18:No-hearing hearings
529:2007-09-30 at the
374:Unlawful combatant
301:state of emergency
273:Hamdan v. Rumsfeld
159:unlawful combatant
147:war in Afghanistan
132:The Article says:
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671:National security
482:. Special to the
369:Unitary Executive
118:Hamdi v. Rumsfeld
16:(Redirected from
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379:USA PATRIOT Act
328:Ex parte Quirin
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171:enemy combatant
151:prisoner of war
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548:(2006-12-17).
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511:(2004-11-08).
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612:. Retrieved
605:the original
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476:Andrew Cohen
456:. Retrieved
424:. Retrieved
354:Jus in bello
339:Franc-tireur
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546:Nat Hentoff
408:Nat Hentoff
306:Black sites
222:combatants.
115:(2004) and
656:Law of war
640:Categories
614:2007-04-02
564:2007-04-02
494:2007-04-02
458:2007-04-02
426:2007-04-02
390:References
344:Irregulars
296:Homo sacer
252:, stated:
232:show trial
44:, his son
242:With the
99:observed.
74:The study
623:cite web
527:Archived
488:Archived
452:NBC News
420:Archived
285:See also
271:' and '
238:Comment
36:of the
524:mirror
61:OARDEC
608:(PDF)
597:(PDF)
629:link
40:at
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