Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Combatant Status Review Tribunal


Related Topics

In the News (Thu 31 Dec 09)

  
  Combatant Status Review Tribunal - Wikipedia, the free encyclopedia
The Combatant Status Review Tribunals were held by the United States Department of Defense between July 8, 2004 through March 29, 2005, ostensibly for the purpose of determining whether the detainees they had been holding at Guantanamo Bay, Cuba were lawful combatants.
She based her decision on her conclusion that the Combatant Status Review Tribunals do not have the discretion to determine that a detainee should be classified as a prisoner of war -- only whether the detainee satisfies the definition of "enemy combatant" as provided in references (a) and (b).
During the tribunals the people normally in attendance were the three officers presiding over the tribunal, a clerk to keep a record, an officer delegated to be familiar with the detainees case, possibly the detainee and their translator, and possibly the three observers.
en.wikipedia.org /wiki/Combatant_Status_Review_Tribunal   (2580 words)

  
 Enemy combatant - Wikipedia, the free encyclopedia
Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful.
Under the provisions of the Secretary of the Navy Memorandum Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatant Detained at Guantanamo Bay Naval Base Cuba...
Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform.
en.wikipedia.org /wiki/Enemy_combatant   (537 words)

  
 USATODAY.com - U.S. sets up tribunal system for Cuba detainees   (Site not responding. Last check: 2007-10-31)
WASHINGTON — The Bush administration is racing to review the status of each of the nearly 600 detainees held at Guantanamo Bay, Cuba, before it is hit with waves of lawsuits challenging the detentions.
The "Combatant Status Review Tribunal" announced Wednesday is nearly identical to a system that the Pentagon created in May to do annual reviews of each detainee's status.
At a background briefing for reporters, the review tribunal was described as the "layer on top" of the annual assessments, which also have not begun.
www.usatoday.com /news/world/2004-07-07-detainee-tribunals_x.htm   (1330 words)

  
 Michelle Malkin: GITMO IGNORAMUSES STRIKE AGAIN   (Site not responding. Last check: 2007-10-31)
The CSRT process was modeled after the Hamdi provisions and thus provides at least the same level of protection to foreign detainees as the Supreme Court said would be sufficient to detain an American citizen as an enemy combatant.
To qualify for protected status, the entity must be commanded by a person responsible for his subordinates, be outfitted with a fixed distinctive sign, carry their arms openly, and conduct their operations in accordance with the laws of war.
First, the Supreme Court recognized in Hamdi that "enemy combatant proceedings may be tailored to alleviate their uncommon potential to burden the Executive at a time of ongoing military conflict." Second, as I will explain, the argument opponents of military commissions advance is derived from a fundamental misapprehension of the underlying statute at issue.
michellemalkin.com /archives/002782.htm   (5177 words)

  
 Boston.com / News / Nation / Tribunals to weigh detainees' status
In many respects, the tribunals resemble the hearings called for by the Third Geneva Convention, which says captured fighters should be given prisoner of war protections unless a ''competent tribunal" determines they are not entitled to that status.
The tribunal will consist of three military officers who have had no prior dealings with the detainee, at least one of whom must be a lawyer.
Detainees will be assigned a ''personal representative" to review the government's evidence against them and assist in preparing their rebuttals, although that officer does not have to be a lawyer, the order says.
www.boston.com /news/nation/articles/2004/07/08/tribunals_to_weigh_detainees_status   (749 words)

  
 Tribunal Finds Guantanamo Detainee Not an Enemy Combatant
Navy Secretary Gordon England, who is overseeing the reviews, announced the finding yesterday but declined to identify the man. He said the man had previously been determined to be an enemy combatant by other officials, but he did not explain why the tribunal reached a different conclusion in this case.
The regulations define the term "enemy combatant" as anyone who "was part of or supporting Taliban or Al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.
England said the other 29 detainees for whom the review process is now complete were found to be properly categorized as "enemy combatants" and will continue to be held.
www.truthout.org /docs_04/printer_091004I.shtml   (881 words)

  
 Gitmo detainees will be heard   (Site not responding. Last check: 2007-10-31)
The combatant's representative, since he is a military officer, will have the proper security clearances to examine defense department files while helping prepare the case.
This Combatant Status Review Tribunal will be a "one-time process for a detainee to contest his status as an enemy combatant," a senior Defense official said.
The Combatant Status Review Tribunal is separate from the previously announced administrative review.
www.dcmilitary.com /army/pentagram/9_28/national_news/30093-1.html   (524 words)

  
 Pentagon plans military tribunals for Guantánamo prisoners   (Site not responding. Last check: 2007-10-31)
The ruling accepted the administration’s position that such “enemy combatants” are not entitled to the protections either of the Geneva Conventions on prisoners of war or the full due process rights accorded to criminal defendants in the US courts.
O’Connor suggested that military tribunals might be acceptable forums for hearing habeas corpus challenges from those being held as “enemy combatants,” including Hamdi, who is a US citizen, and further declared that the burden of proof in such hearings could rest with the prisoners rather than the government.
Neither of the June 28 rulings mandated the release of any of the prisoners being held as “enemy combatants,” and O’Connor in her opinion left it up to the executive branch to fashion a procedure that would satisfy the Court’s requirement for a truncated form of due process.
wsws.org /articles/2004/jul2004/guan-j16.shtml   (1352 words)

  
 United for Peace of Pierce County, WA - We nonviolently oppose the reliance on unilateral military actions rather than ...   (Site not responding. Last check: 2007-10-31)
A military tribunal determined last fall that Murat Kurnaz, a German national seized in Pakistan in 2001, was a member of al Qaeda and an enemy combatant whom the government could detain indefinitely at the U.S. military prison at Guantanamo Bay, Cuba.
During tribunal hearings, a panel of military officers considers public and secret evidence, and the detainee is offered an opportunity to state his case and answer questions.
In Kurnaz's case, a tribunal panel made up of an Air Force colonel and lieutenant colonel and a Navy lieutenant commander concluded that he was an al Qaeda member, based on "some evidence" that was classified.
www.ufppc.org /content/view/2510   (1602 words)

  
 The Other Guantanamo Bay - Worldpress.org
Denied the POW status given to soldiers, the detainees first arrived at Camp X-Ray, where they lived in open-air cages, which human rights groups labeled as a "disgrace." But in February 2003, the spartan stockade gave way to Camp Delta, a modern complex of five holding areas with a hospital, handicapped-accessible cells and private toilets.
As a result, the one-time Combat Status Review Tribunal (CSRT) was created to re-check the identities of all held in Camp Delta.
But while the CSRT aims to clear up whether the detainee is an innocent civilian or enemy combatant, it still says nothing about the militant's POW status, and this ambiguity complicates the military commissions.
www.worldpress.org /print_article.cfm?article_id=2101&dont=yes   (3032 words)

  
 Centerfield: Welcome to the Event Horizon
Adel, the Chinese Muslim who sits in Camp Echo, was therefore not told that the Combatant Status Review Tribunal had determined him to be a noncombatant—a civilian—as early as 2003 until August 2005, during the hearing on his petition for habeas corpus that the Administration still believes he is not entitled to have.
Ironically, though, subsection (d)(2) grants detainees determined by the Combatant Status Review Tribunal to be enemy combatants a right of appeal—provided they appeal only to the United States Court of Appeals for the District of Columbia Circuit.
The problem with your comments is that in the habeas review proceeding, as it stands now, all the Government need do is state that the CSRT has found him to be an enemy combatant.
www.centristcoalition.com /blog/archives/002676.html   (2163 words)

  
 Guantanamo prisoner status review begins - Global Terrorism - www.smh.com.au
"The Combatant Status Review Tribunal is a formal review of all the information related to the designation of a detainee as an enemy combatant," the Department of Defence said in a statement, without giving further details.
The tribunals are separate from the military trials to be conducted for some detainees, including Australian David Hicks, who on August 23 will be the third Guantanamo detainee to have his hearing tabled before a military commission.
Citing their "enemy combatant" status, the United States has detained the prisoners indefinitely without formal charges and without access to lawyers.
www.smh.com.au /articles/2004/07/31/1091080471837.html?from=storyrhs   (547 words)

  
 Detainee Status Review Tribunals to Begin Within Weeks
Deputy Defense Secretary Paul Wolfowitz authorized the review process, officially called a Combatant Status Review Tribunal, in a July 7 order and named Navy Secretary Gordon R. England as the implementing authority.
The tribunals will consist of three separate panels, each hearing cases on four detainees each day, six days per week – for a total of 72 cases each week, England said.
At that rate, the tribunal process would be completed in eight weeks.
nyjtimes.com /Stories/2004/0709DetaineeStatusReview.htm   (446 words)

  
 [No title]   (Site not responding. Last check: 2007-10-31)
The new procedure is a result of a Supreme Court ruling last week allowing the detainees access to a neutral body to review their status.
The Pentagon announced late Wednesday the creation of a new legal arena, dubbed the "Combatant Status Review Tribunal," in which the nearly 600 men held at the U.S. military base at Guantanamo Bay, Cuba can challenge their status as "enemy combatants" before a three-member panel of U.S. military officers.
But Rachel Meeropol of the Center for Constitutional Rights says the tribunal is unfairly weighted in favor of the government, because it does not give detainees the same legal rights, especially the right to a lawyer, that they would enjoy in a civilian U.S. court.
www.help-for-you.com /news/Jul2004/scripts/2a9e2e4c.html   (512 words)

  
 Boston.com / News / Nation / Washington / Freed detainee said to train at militant camps
The Pakistani, who was not identified, is the first detainee declared by the military's new Combatant Status Review Tribunal not to be an enemy combatant, which is defined as a former Al Qaeda or Taliban fighter or supporter who committed a belligerent act or "directly supported hostilities in aid of enemy armed forces."
After announcing yesterday that the tribunal had completed reviewing the cases of 34 more of the 550 people held at the base as enemy combatants without finding another mistake, Navy Secretary Gordon England was asked to explain how the Pakistani had come to be held there in error.
The Combatant Status Review Tribunal was set up after the Supreme Court ruled last summer that the Guantanamo prisoners were entitled to hearings to challenge the basis for their indefinite detention without trial.
www.boston.com /news/nation/washington/articles/2004/10/02/freed_detainee_said_to_train_at_militant_camps?mode=PF   (845 words)

  
 Blogger: Email Post to a Friend   (Site not responding. Last check: 2007-10-31)
Thusfar panels of the Tribunal have considered at least 466 review hearings and have handed down 194 decisions.
Only in one instance has a detainee been reclassified and released: that was a Pakistani man who the tribunal ruled had been held improperly for two years.
The US Defense Department provides background information on the operation of Combatant Status Review Tribunals.
www.blogger.com /email-post.g?blogID=4079894&postID=110245760193547051   (156 words)

  
 Stop torture - Amnesty International   (Site not responding. Last check: 2007-10-31)
Yesterday, the Pentagon announced the formation of the Combatant Status Review Tribunal scheme under which Guantánamo detainees will be able to challenge their so-called "enemy combatant" status.
In a report last month, Amnesty International emphasised that judicial review of the lawfulness of one’s detention is a fundamental principle of international human rights law which now covers all those held in Guantánamo.
Judicial review is an integral component of the prohibition against arbitrary detention and a fundamental protection against torture or other cruel, inhuman or degrading treatment.
news.amnesty.org /torture/index/ENGAMR511132004   (760 words)

  
 Senate Detainee Amendments, Guantanamo Bay Habeas Corpus, Judicial Review - CDI ISLP   (Site not responding. Last check: 2007-10-31)
The Geneva Convention says if there is a question about whether a person's status is rightfully conferred whether you are a prisoner of war, enemy combatant, irregular combatant, or a civilian who has done nothing wrong, the Geneva Convention requires the host country to have a competent tribunal set up to determine status.
The Federal court will look at the process involved in their individual case to see if it complied with the CSRT standards in terms of procedure and the standards that were to be used to determine whether a person was properly detained--the evidentiary standards, all other standards.
The Supreme Court reviewed the military commission process in the Quirin case and found that military commissions were lawful if the person being tried was truly an enemy combatant.
www.cdi.org /news/law/SAMDT2524-detainees.cfm   (2757 words)

  
 Read Article
Pentagon Plans Military Tribunals for Guantánamo Prisoners, notes John Andrews Deputy Defense Secretary Paul Wolfowitz, in a July 7 order, established a “Combatant Status Review Tribunal” to hold summary hearings for 594 men from 40 countries who have been imprisoned for as long as two-and-a-half years at the Guantánamo Bay Naval Base in Cuba.
Detainees will be allowed to call witnesses only if their request is deemed “reasonable” by the tribunal and the witnesses are determined to be “reasonably available.” England said at last week’s press conference that he doubted many such requests for witnesses would be granted, because Guantánamo lacks “hotels,” “restaurants” and “commercial air travel”.
It appears that the cases are being be rushed through the tribunals to enable the Bush administration to respond to habeas corpus petitions filed by family members and others for the Guantánamo detainees with the claim that the prisoners have already received their “due process”.
www.unobserver.com /printen.php?id=1810   (1197 words)

  
 USA: Who are the Guantánamo detainees? Case sheet 6: Update. Murat Kurnaz.
On 30 September 2004, a Combatant Status Review Tribunal determined that Murat Kurnaz was an "enemy combatant".
However, on 31 January 2005 Federal Judge Green found that the Combatant Status Review Tribunals are an inadequate vehicle by which detainees could challenge their detention.
She cited the case of Murat Kurnaz to illustrate "the fundamental unfairness of the [tribunals'] reliance on classified information not disclosed to the detainees" in reaching decisions on the detainees'; "enemy combatant" status.
www.amnestyusa.org /regions/americas/document.do?id=054A6227519B7F9B80256FF700635B40   (1414 words)

  
 DoD News: Defense Department Background Briefing on the Combatant Status Review Tribunal
The tribunals -- the order establishing the tribunals is going to be implemented by Secretary England.  And it's really a question for Secretary England, who I believe will be making some sort of public statement in the not-too-distant future -- in the next few days -- about the implementation of this order.
The tribunal will have on it -- one of the members of the tribunal, as you see when you read the order, one of the members of the tribunal must be a judge advocate, so must be a lawyer.  There's a non-voting officer of the tribunal who's called the reporter, who basically assembles the record.
DEFENSE OFFICIAL:  As with respect to, for example, the public access to the tribunal proceedings, whether outside parties would be admitted, there are a whole host of issues that will need to be addressed by the secretary of the Navy in implementing the order that's been issued today.
www.globalsecurity.org /security/library/news/2004/07/sec-040707-dod03.htm   (2429 words)

  
 Counterterrorism and liberties in league - The Washington Times: Commentary - November 23, 2004   (Site not responding. Last check: 2007-10-31)
Moreover, alien enemy combatants may have been initially seized by an ally, like the Northern Alliance in Afghanistan, whose soldiers are beyond the knowledge or control of the United States.
The risk of erroneous detention of enemy aliens has been reduced by President Bush's creation last July 7, 2004, of a "Combatant Status Review Tribunal." Each of approximately 600 Guantanamo Bay detainees has been assigned a military officer to help challenge their enemy combatant status before a three-member military tribunal.
That a detainee is an enemy combatant must be proven a preponderance of the evidence, with a rebuttable presumption in favor of the government's case.
washingtontimes.com /commentary/20041122-095741-7539r.htm   (873 words)

  
 JURIST - Paper Chase: US to release third Gitmo detainee following status review
Chris Buell at 11:12 AM ET [JURIST] The Defense Department has announced that a third detainee at Guantanamo Bay [JURIST Hot Topic] will be released after a Combatant Status Review Tribunal [official website] determined he was not an enemy combatant.
The Defense Department said Wednesday the tribunals had recently conducted 87 status review proceedings, only changing the status of one detainee.
Combatant Status Review Tribunals have been used to review the cases of those held at Guantanamo Bay since being captured in Afghanistan in 2002.
jurist.law.pitt.edu /paperchase/2005/01/us-to-release-third-gitmo-detainee.php   (325 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.