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Closing the Guantanamo Detention Center

Author: Michael John Garcia

Publisher: DIANE Publishing

Published: 2009

Total Pages: 48

ISBN-13: 1437920616

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

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

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.

Closing the Guantanamo Detention Center: Legal Issues

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

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.

Crs Report for Congress

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 Guantanamo

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.

Towards the Closure of Guantanamo

Author:

Publisher:

Published: 2015

Total Pages: 136

ISBN-13: 9780827064232

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This report addresses the human rights situation of detainees held at the U.S. Naval Base in Guantanamo Bay, Cuba, a facility that has become a symbol of abuse around the world. IACHR has closely followed the situation through different mechanisms and has repeatedly called for the immediate closure of the detention facility. As a further and hopefully final step in the monitoring of the situation, the IACHR issues this report in which it provides an assessment of the current situation from a human rights perspective as the basis to issue recommendations designed to assist the State in taking the steps necessary to close the facility. 3. The report, following a rights-based approach, focuses on three main areas of concern. First, it addresses the major issues surrounding the detainees' right to personal integrity. The report then examines the detainees' access to justice and whether the judicial remedies available are adequate and effective. This chapter also assesses how military commissions operate in practice and the important challenges faced by detainees when exercising their right to legal representation. It further addresses the exclusive application of a separate regime to foreign Muslim men, an issue that presents an apparent targeting of individuals in relation to nationality, ethnicity and religion. Finally, the report looks at the various legal and political aspects involved in taking steps toward the closure of the detention facility and acknowledges some recent steps taken by the Executive. This chapter assesses the current situation of the three categories of detainees currently held at Guantanamo: detainees cleared for transfer; detainees facing criminal charges before military commissions; and detainees designated for continued detention. The report concludes with some data that speaks for itself.

Towards the Closure of Guantanamo

Author: Inter-American Commission on Human Rights

Publisher:

Published: 2015

Total Pages: 136

ISBN-13:

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"This report addresses the human rights situation of detainees held at the U.S. Naval Base in Guantanamo Bay, Cuba, a facility that has become a symbol of abuse around the world. IACHR has closely followed the situation through different mechanisms and has repeatedly called for the immediate closure of the detention facility. As a further and hopefully final step in the monitoring of the situation, the IACHR issues this report in which it provides an assessment of the current situation from a human rights perspective as the basis to issue recommendations designed to assist the State in taking the steps necessary to close the facility. 3. The report, following a rights-based approach, focuses on three main areas of concern. First, it addresses the major issues surrounding the detainees' right to personal integrity. The report then examines the detainees' access to justice and whether the judicial remedies available are adequate and effective. This chapter also assesses how military commissions operate in practice and the important challenges faced by detainees when exercising their right to legal representation. It further addresses the exclusive application of a separate regime to foreign Muslim men, an issue that presents an apparent targeting of individuals in relation to nationality, ethnicity and religion. Finally, the report looks at the various legal and political aspects involved in taking steps toward the closure of the detention facility and acknowledges some recent steps taken by the Executive. This chapter assesses the current situation of the three categories of detainees currently held at Guantanamo: detainees cleared for transfer; detainees facing criminal charges before military commissions; and detainees designated for continued detention. The report concludes with some data that speaks for itself."--

Closing Guantánamo

Author: Kenneth Jost

Publisher:

Published: 2009

Total Pages: 200

ISBN-13:

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