Witnesses requested by Guantanamo detainees

Detainees in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba, were, initially, not provided with any mechanism with which to challenge the allegations that kept them detained. Lawyers who volunteered to represent the detainees challenged various aspects of the legal basis of the Bush administration's policy on detainees in the war on terror. As a result of Rasul v. Bush the US Supreme Court ruled that detainees needed to be provided with a mechanism where they could challenge the allegations that kept them in detention. In July 2004 the Department of Defense responded by instituting Combatant Status Review Tribunals.

Contents

Detainees were allowed to request witnesses. The Presidents of the Tribunals had the authority to rule whether those witnesses would be "relevant". If the President ruled a witness relevant, the Tribunals officers were supposed to undertake good faith efforts to find the witnesses.

Selected witnesses who were ruled not reasonably available

Selected witnesses who were ruled not reasonably available
Witness Requested by Notes
Shahzada Masoud
  • Mujahid asserted that he had been promoted -- to traffic commissioner, and requested the members of the commission who visited him and recommended his promotion.
  • Advisor to Afghan President Hamid Karzai on tribal affairs, and leader of the commission that recommended Mujahid's promotion.[1][2][3][4]

References

  1. ^ Guantanamo Bay detainees not given access to witnesses despite availability, The Jurist, June 18, 2006
  2. ^ Detainees not given access to witnesses: But in one case, 3 quickly found, Boston Globe, June 18, 2006
  3. ^ Guardian finds Afghan witnesses US couldn't, The Guardian, June 30, 2006
  4. ^ Found: The 'unfindable' men, Mail and Guardian, July 1, 2006