Revision 796547076 of "Template:CSRT-No" on enwiki

{{#if:{{{sectionheader|}}}||==Combatant Status Review==}}
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{{Ed right|CSRT-No|standard intro}}Initially the [[Presidency of George W. Bush|Bush administration]] asserted they could withhold the protections of the [[Geneva Conventions]] from captives in the [[War on Terror]], while critics argued the Conventions obliged the United States to conduct [[competent tribunal]]s to determine the status of prisoners.<ref name=Bbc2002-01-21>  
{{cite news
| url=http://news.bbc.co.uk/2/hi/americas/1773140.stm
| title=Q&A: What next for Guantanamo prisoners?
| publisher=[[BBC News]]
| date=January 21, 2002
| accessdate=November 24, 2008
| quote=
}} [https://www.webcitation.org/query?url=http%3A%2F%2Fnews.bbc.co.uk%2F2%2Fhi%2Famericas%2F1773140.stm&date=2008-11-24 mirror]
</ref> Subsequently the Department of Defense instituted [[Combatant Status Review Tribunal]]s, to determine whether the captives met the new definition of an "[[enemy combatant]]".

Detainees do not have the right to a lawyer before the CSRTs or to access the evidence against them.  The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”  However, unclassified summaries of relevant evidence may be provided to the detainee and each detainee has an opportunity to present “reasonably available” evidence and witnesses.<ref>{{cite news |url=http://www.fas.org/sgp/crs/natsec/RS22173.pdf |title=Detainees at Guantanamo Bay: Report for Congress |publisher=[[Congressional Research Service]] |first=Jennifer K. |last=Elsea|date=July 20, 2005 |accessdate=November 10, 2007 |format=PDF}}</ref>

From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". {{PAGENAME}} was among the one-third of prisoners for whom there was no indication they chose to participate in their tribunals.<ref>[[OARDEC]], [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005], September 4, 2007</ref>

In the landmark case [[Boumediene_v._Bush|''Boumediene v. Bush,'']] the [[Supreme_Court_of_the_United_States|U.S. Supreme Court]] found that CSRTs are not an adequate substitute for the constitutional right to challenge one's detention in court, in part because they do not have the power to order detainees released.<ref>{{cite news |url=http://www.law.cornell.edu/supct/html/06-1195.ZO.html |title=''Boumediene v. Bush'' |date=June 12, 2008 |quote=... the procedural protections afforded to the detainees in the CSRT hearings ... fall well short of the procedures and adversarial mechanisms that would eliminate the need for habeas corpus review.}}</ref>  The Court also found that "there is considerable risk of error in the tribunal’s findings of fact."<ref>{{cite news |url=http://www.law.cornell.edu/supct/html/06-1195.ZO.html |title=''Boumediene v. Bush'' |date=June 12, 2008}}</ref> 

A [[Summary of Evidence (CSRT)|Summary of Evidence memo]] was prepared for the tribunal, listing the alleged facts that led to his detainment. His memo accused him of the following:</div><noinclude>{{Documentation|Wikipedia:WikiProject Terrorism/List of Templates/doc}}</noinclude>