Closing the Guantanamo Detention Center

Closing the Guantanamo Detention Center PDF

Author: Michael John Garcia

Publisher: DIANE Publishing

Published: 2009

Total Pages: 48

ISBN-13: 1437920616

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On Jan. 22, 2009, Pres. Barack Obama issued an Executive Order requiring the Guantanamo detention facility to be closed as soon as practicable. This report provides an overview of major legal issues likely to arise as a result of actions to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the U.S., and the possible removal of persons brought to the U.S. Discusses constitutional issues that may arise in the criminal prosecution of detainees. Also discusses: detainees¿ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence.

Closing the Guantanamo Detention Center: Legal Issues

Closing the Guantanamo Detention Center: Legal Issues PDF

Author: Michael Garcia

Publisher: CreateSpace

Published: 2012-12-27

Total Pages: 60

ISBN-13: 9781481849470

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Following the terrorist attacks of 9/11, Congress passed the Authorization to Use Military Force (AUMF), which granted the President the authority "to use all necessary and appropriate force against those ... [who] planned, authorized, committed, or aided the terrorist attacks" against the United States. Many persons subsequently captured during military operations in Afghanistan and elsewhere were transferred to the U.S. Naval Station at Guantanamo Bay, Cuba, for detention and possible prosecution before military tribunals. Although nearly 800 persons have been held at Guantanamo at some point since early 2002, the substantial majority of Guantanamo detainees have ultimately been transferred to another country for continued detention or release. Those detainees who remain fall into three categories: (1) persons placed in non-penal, preventive detention to stop them from rejoining hostilities; (2) persons who face or are expected to face criminal charges; and (3) persons who have been cleared for transfer or release, whom the United States continues to detain pending transfer. Although the Supreme Court ruled in Boumediene v. Bush that Guantanamo detainees may seek habeas corpus review of the legality of their detention, several legal issues remain unsettled.

Closing the Guantanamo Detention Center

Closing the Guantanamo Detention Center PDF

Author: Michael John Garcia

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees' right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.

Closing the Guantanamo Detention Center

Closing the Guantanamo Detention Center PDF

Author: Michael John Garcia

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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This report provides an overview of major legal issues likely to arise in the event of executive and/or legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees (either to a foreign country or into the United States), the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. The report also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums (I.e., federal civilian courts, court-martial proceedings, and military commissions). Issues discussed include detainees' right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.

Crs Report for Congress

Crs Report for Congress PDF

Author: Michael John Garcia

Publisher: BiblioGov

Published: 2013-11-11

Total Pages: 66

ISBN-13: 9781295270835

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Following the terrorist attacks of 9/11, Congress passed the Authorization for the Use of Military Force (AUMF), which granted the President the authority "to use all necessary and appropriate force against those ... [who] planned, authorized, committed, or aided the terrorist attacks" against the United States. Many persons subsequently captured during military operations in Afghanistan and elsewhere were transferred to the U.S. Naval Station at Guantanamo Bay, Cuba, for detention and possible prosecution. Although nearly 800 persons have been held at Guantanamo since early 2002, the substantial majority of Guantanamo detainees have been transferred to another country for continued detention or release. Those detainees who remain fall into three categories: (1) persons placed in non-penal, preventive detention to stop them from rejoining hostilities; (2) persons who face or are expected to face criminal charges; and (3) persons who have been cleared for transfer or release, whom the United States continues to detain pending transfer. Although the Supreme Court ruled in Boumediene v. Bush that Guantanamo detainees may seek habeas corpus review of the legality of their detention, several legal issues remain unsettled.

Closing the Guantanamo Detention Center

Closing the Guantanamo Detention Center PDF

Author: Michael John Garcia

Publisher:

Published: 2009

Total Pages: 41

ISBN-13:

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This report provides an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums.

Closing Guantanamo

Closing Guantanamo PDF

Author: Noah M. Claeys

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9781607415114

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Independent verification should be sought for any data, advice or recommendations contained in this book. In addition, no responsibility is assumed by the publisher for any injury and/or damage to persons or property arising from any methods, products, instructions, ideas or otherwise contained in this publication.

The Administration's Plan to Close the Guantanamo Bay Detention Facility

The Administration's Plan to Close the Guantanamo Bay Detention Facility PDF

Author: Committee on Committee on Foreign Affairs House of Representatives

Publisher: Createspace Independent Publishing Platform

Published: 2016-10-05

Total Pages: 64

ISBN-13: 9781539321224

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President Obama's race to empty the Guantanamo Bay detention facility is on. In recent weeks and months, many hardened terrorists have been released. Many of them have been sent abroad, and according to the President's closure plan sent to Congress last month, another 35 are set to be transferred this summer. Many of the recipient countries don't have the desire or commitment or even ability to monitor these dangerous individuals and prevent them from returning to the battlefield. Countries like Ghana and Uruguay aren't typical security and intelligence partners but they are being asked to shoulder a heavy burden and a heavy responsibility. There are real concerns about the administration setting aside intelligence assessments to deceive countries about the threat posed by the militants they are being asked to take in. The administration often talks of detainees "cleared for release" as if they are no longer a threat. But just over 30 percent of the detainees that have been released are either confirmed or suspected to have returned to the battlefield.

To Close Or Not to Close

To Close Or Not to Close PDF

Author: Air Command Air Command And Staff College

Publisher: Createspace Independent Publishing Platform

Published: 2016-07-11

Total Pages: 42

ISBN-13: 9781535213622

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After September 11, 2001, the United States began a global campaign to eliminate terrorists and their support networks. During the Global War on Terror, President George Bush established the detention facility at Guantanamo Bay, Cuba to hold individuals captured during military operations in Afghanistan and Iraq. From the very beginning, Guantanamo Bay has faced criticism throughout the world. The Bush administration was ill prepared to begin and sustain detainee operations and failed to properly classify detainees under the Geneva Conventions. Subsequently, the Administration developed questionable legal processes for the detainees by capitalizing on the legal-free environment offered at Guantanamo Bay, which led many to call for the closure of the detention facility. After only two days in office, President Barack Obama ordered the closure of Guantanamo Bay and a review of all detainees to ensure proper classification, prosecution, and need for continued detention. Is the closure of Guantanamo Bay necessary or is the problem the policy and procedures regarding the detainees and the conditions of their detention? This work presents the history of the classification and legal processes that faced the detainees since the first days of Guantanamo Bay. It then analyzes the arguments for keeping it open and closing it down and it examines the future steps required to close Guantanamo Bay in accordance with President Obamas executive order. Finally, it offers recommendations on how the U.S. can properly handle the disposition of detainees, to include legal due process in the U.S. criminal justice system, while still utilizing the detention center at Guantanamo Bay. Closing Guantanamo Bay is the wrong answer. The U.S. must revamp the its methods for dealing with detainees during the GWOT and for any future military campaigns.