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THE GUANTANAMO DETAINEES - THE GOVERNMENTS STORY
Seton Hall University 8 Feb 2006 Professor Mark Denbeaux and Joshua Denbeaux
http://law.shu.edu/news/guantanamo_report_final_2_08_06.pdfTHE GUANTANAMO DETAINEES: THE GOVERNMENT’S STORYProfessor Mark Denbeaux* and Joshua Denbeaux*An interim reportEXECUTIVE SUMMARYThe media and public fascination with who is detained at Guantanamo and why has beenfueled in large measure by the refusal of the Government, on the grounds of national security, toprovide much information about the individuals and the charges against them. The informationavailable to date has been anecdotal and erratic, drawn largely from interviews with the fewdetainees who have been released or from statements or court filings by their attorneys in thepending habeas corpus proceedings that the Government has not declared “classified.”This Report is the first effort to provide a more detailed picture of who the Guantanamodetainees are, how they ended up there, and the purported bases for their enemy combatantdesignation. The data in this Report is based entirely upon the United States Government’s owndocuments.[1] This Report provides a window into the Government’s success detaining only thosethat the President has called “the worst of the worst.”Among the data revealed by this Report:1. Fifty-five percent (55%) of the detainees are not determined to have committed anyhostile acts against the United States or its coalition allies.2. Only 8% of the detainees were characterized as al Qaeda fighters. Of the remainingdetainees, 40% have no definitive connection with al Qaeda at all and 18% are have no definitiveaffiliation with either al Qaeda or the Taliban.3. The Government has detained numerous persons based on mere affiliations with alarge number of groups that in fact, are not on the Department of Homeland Security terroristwatchlist. Moreover, the nexus between such a detainee and such organizations varies considerably.Eight percent are detained because they are deemed “fighters for;” 30% considered “members of;” alarge majority – 60% -- are detained merely because they are “associated with” a group or groups theGovernment asserts are terrorist organizations. For 2% of the prisoners their nexus to any terroristgroup is unidentified.4. Only 5% of the detainees were captured by United States forces. 86% of thedetainees were arrested by either Pakistan or the Northern Alliance and turned over to United Statescustody.* The authors are counsel for two detainees in Guantanamo.1 See, Combatant Status Review Board Letters, Release date January 2005, February 2005, March 2005,April 2005 and the Final Release available at the Seton Hall Law School library, Newark, NJ.=================http://law.shu.edu/news/second_report_guantanamo_detainees_3_20_final.pdfSECOND REPORT ON THE GUANTANAMO DETAINEES:Inter- and Intra-Departmental Disagreements About Who Is Our EnemyByMark P. DenbeauxProfessor, Seton Hall University School of Law andCounsel to two Guantanamo detainees&Joshua Denbeaux, Esq.Denbeaux & Denbeaux&David Gratz, John Gregorek, Matthew Darby, Shana Edwards,Shane Hartman, Daniel Mann, and Helen SkinnerStudents, Seton Hall University School of LawEXECUTIVE SUMMARY1. The Department of Defense identified 72 terrorist organizations in the Combatant StatusReview Tribunals (“CSRT”). The Defense Department considers affiliation with any one ofthese groups sufficient to establish that a Guantanamo detainee is an “enemy combatant” forthe purpose of his continued detention. This report refers to these 72 terrorist organizationsas the “Defense Department List.”2. Fifty-two of those groups, 72% of the total, are not on either the Patriot Act TerroristExclusion List or on two separate State Department Designated and Other Foreign TerroristOrganizations lists (jointly referred to as the State Department Other Lists). These lists arecompiled for the purposes of enabling the government to protect our borders from terroristsentering the United States.3. Twelve of the organizations, 18% of the total, are on either the State Department Other Listsor the Patriot Act Terrorist Exclusion List, but not on both.4. Members of 64 of the 72 groups the Defense Department believes to be terroristorganizations, 89% of the total, would be permitted in the United States by either the StateDepartment Other Lists or the Patriot Act Terrorist Exclusion List.5. In addition to being inconsistent with the Defense Department list, the State Department listsare inconsistent with each other. That is, 46 organizations that the State Departmentrepresented to Congress as terrorist organizations on the State Department Other Lists do notappear on the Patriot Act Terrorist Exclusion List.6. The inconsistency between the State Department Other Lists and the Patriot Act TerroristExclusion List raises serious questions about the security of our borders.7. The Defense Department justifies holding many detainees indefinitely due to their nexuswith a group that neither the State Department Other Lists nor the Patriot Act TerroristExclusion List recognizes as a terrorist organization.8. This inconsistency leads to one of two equally alarming conclusions: either the StateDepartment is allowing persons who are members of terrorist groups into the country or theDefense Department bases the continuing detention of the alleged enemy combatants on afalse premise.
Poster comment:
The full reports are quite interesting and based on declassified official government information.
Posted 10/21/2006 02:10:12 am EDT by nolu_chan
[ Reply ]
Category: Opinion/VanitiesKeywords:
To: all
http://law.shu.edu/news/guantanamo_report_final_2_08_06.pdf
The United States promised (and apparently paid) large sums of money for the capture ofpersons identified as enemy combatants in Afghanistan and Pakistan. One representative flyer,distributed in Afghanistan, states:
Get wealth and power beyond your dreams....You can receive millions ofdollars helping the anti-Taliban forces catch al-Qaida and Taliban murders.This is enough money to take care of your family, your village, your tribe forthe rest of your life. Pay for livestock and doctors and school books andhousing for all your people.Bounty hunters or reward-seekers handed people over to American or Northern Alliancesoldiers in the field, often soon after disappearing; as a result, there was little opportunity on thefield to verify the story of an individual who presented the detainee in response to the bounty award.Where that story constitutes the sole basis for an individual’s detention in Guantanamo, there wouldbe little ability either for the Government to corroborate or a detainee to refute such an allegation.As shall be seen in consideration of the Uighers, the Government has found detainees to beenemy combatants based upon the information provided by the bounty hunters. As to the Uighers, atleast, there is no doubt that bounties were paid for the capture and detainment of individuals whowere not enemy combatants. The Uigher have yet to be released.======================
IV. CONTINUED DETENTION OF NON-COMBATANTSThe most well recognized group of individuals who were held to be enemy combatants andfor whom summaries of evidence are available are the Uighers [35] These individuals are nowrecognized to be Chinese Muslims who fled persecution in China to neighboring countries. Thedetainees then fled to Pakistan when Afghanistan came under attack by the United States afterSeptember 11, 2001. The Uighers were arrested in Pakistan and turned over to the United States.At least two dozen Uighurs found in Afghanistan and Pakistan has been detained inGuantanamo Bay, Cuba. The Government originally determined that these men were enemycombatants, just as the Government so determined for all of the other detainees. The Governmenthas now decided that many of the Uighur detainees in Guantanamo Bay are not enemy combatantsand should no longer be detained. They have not yet been released.The Government has publicly conceded that many of the Uighers were wrongly found to beenemy combatants. The question is how many more of the detainees were wrongly found to beenemy combatants. The evidence that satisfied the Government that the Uighers were enemycombatants parallel’s the evidence against the other detainees --but the evidence against the Uighersis actually sometimes stronger.The Uigher evidence parallels the evidence against the other detainees in that they were:1. Muslims,2. in Afghanistan,3. associated with unidentified individuals and/or groups4. possessed Kalishnikov rifles5. stayed in guest houses6. captured in Pakistan7. by bounty hunters.If such evidence is deemed insufficient to detain these persons as enemy combatants, the dataanalyzed by this Report would suggest that many other detainees should likewise not be classified asenemy combatants.[35] Uighurs, a Turkic ethnic minority of 8 to 12 million people primarily located in the northwestern regionof China and in some parts of Kyrgyzstan and Kazakhstan, face political and religious oppression at the hands of theChinese Government. The Congressional Human Rights Caucus of the United States House of Representatives hasreceived several briefings on these issues, including the information that the People's Republic of China "continuesto brutally suppress any peaceful political, religious, and cultural activities of Uighurs, and enforce a birth controlpolicy that compels minority Uighur women to undergo forced abortions and sterilizations." (United StatesCommission on International Religious Freedom, World Uighur Network) In response to oppression by the ChineseGovernment, many Uighurs flee to surrounding countries such as Afghanistan and Pakistan. Wright, Robin. ChineseDetainees are Men Without a Country. (2005, August 24) Washington Post, p. A01.
1 Posted 2006-10-21 03:31:28 by nolu_chan
[ Reply To 0 ]
To: nolu_chan
The full reports are quite interesting and based on declassified official government information.The summary alone is damning.. Excelent post, btw. Very enlightening.
2 Posted 2006-10-21 10:16:42 by Jhoffa_
()
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