DOD Memo re: Legal Sufficiency Decision of Enemy Combatant Status by Combatant Status Review Tribunal for Detainees

This memo is in conjunction with the Combatant Status Review Tribunal Decision Report Enclosure 1 on the status of a detainee as an Enemy Combatant. The report states that: i) The tribunal was properly convened and constituted; ii) the detainee was properly notified of the Tribunal process and affirmatively declined; iii) the tribunal complied with tits formative authority and mission; and iv) the detainee's Personal Representative was given the opportunity to review the record of proceedings and did not submit comments to the Tribunal. The recommendation of the Tribunal is encouraged to be approved and accepted by the reviewing JAG officer reviewing the matter.

Doc_type: 
Non-legal Memo
Doc_date: 
Thursday, December 2, 2004
Doc_rel_date: 
Wednesday, June 14, 2006
Doc_text: 

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Case 1:04-cv~1227-RBW Document 79-2 Filed 12/30/2004 Page 4of24 ----_._.
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UNCLASSIFIED
2 Dec 04
MEMORANDUM
.from: Legal Advisor
To: Director, Combatam Status Review Tribunal

Subj: LEGAL SUFFICIENCY~OF COMBATANT STArnS REVIEW TRIBUNAL FOR DETAINEE ISN #_.
. .
Ref (a) Deputy Sec:retaryofDefi::nse Order of71uly 2004
(b) Sea"etary ofthe Navy Implementation Directive of29 July 2004
Encl: (1) Appointing Ord=-fur Tribunal #12 of29 September 2004
(2) Record ofTribunal Proceedings
1. A legal su.fficicncy review has been completed on the subject Combatant Status Review
Tribunal in aecordance with refcno:nces (a) and (b). After reviewing the record ofthc Tribunal, I
find that:

a.
The detainee was properly notified ofthe Tribunal process BDd affirmatively declined to participate in the process. The detainee requested his Personal Representative to provide information on his behal£

b.
The TribunAl was properly convened and constituted by c:nclosure (1).

c.
The Tnbunal complied with the provisions ofreferences (a) and (b). Note that some information in exhibits R-4, R-5, R-6, and R-7 was redacted. The FBI properly certified in exhibits R-2 and R-3 that the redacted iDformation would not support a dcte:rmination that the detainee is not an cnc:my combatant .

d.
The detainee requested one witness. The Tribunal found the witness to be relevant and submitted a request to the U.S. State Department to locate the witness in Bahrain. Bahraini authorities located the witness and the witness elected to provide a letter to the Tribunal on the detainee's behalf: In filet, he submitted two letters and these were considered by the Tribunal and included in the Record ofProc·,,·~·t!jnv as exhJbits D-b and D-c. The Bahrain Interior Ministry also proVided a "Certificate orGood Conduct" for the detainee (exhibit D-d). The Personal Representative presented these docUments on behalfofthe detainee.

e.
The Tribunal's decision that detainee 1IIisproperly classified as an enemy
combatant was unanimous.

f.
The detainee's Personal RepreScotative was given the opportunity to reVieW the record ofproa:edings and did not submit comments to the Tnburud

UNCLASSIFIED
020037 ..
747
DOD JUNE
000055997

Case 1:04-cv-01227-RBW Document 79-2 Filed 12130/2004 Page 5 of 24 .
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UNCLASSlFrED
Subj: LEGAL SUFFICIENCY,AVIEW OF COMBATANT STATUS REVIEW TRIBUNAL FOR DETAINEE ISN"
g. It should also be noted that the detainee stated that he was tortured when captured in Afg.lumistan. The Tnbucal took note ofthis allegation and in accordance with standard opc::rating procedures forwarded the allegation to officials at the Criminal Investigative Task: Force for investigation. The Tribunal also noted that none ofthe information.relied upon when making its decision orip,Rteci from the detainee's capture in A'ij;banistan.
2. The prol"«lCiingt; and decision oftbe Tribunal are JegaD.y sufficient and no corrective action is
required. .
3. I recommend that the decision ofthe Trib
'.
2 UNCLASSIFIED
020033
DOD JUNE 748
000055998

Doc_nid: 
4718
Doc_type_num: 
63