Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by DIANE Publishing. This book was released on 2009 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Closing the Guantanamo Detention Center Legal Issues written by Michael Garcia and published by CreateSpace. This book was released on 2012-12-27 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crs Report for Congress written by Michael John Garcia and published by BiblioGov. This book was released on 2013-11-11 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Closing the Guantanamo Detention Center written by Michael John Garcia and published by . This book was released on 2009 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Closing Guantanamo written by Sarah Elizabeth Mendelson and published by CSIS. This book was released on 2008 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Closing Guantanamo written by Noah M. Claeys and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Administration s Plan to Close the Guantanamo Bay Detention Facility written by Committee on Committee on Foreign Affairs House of Representatives and published by Createspace Independent Publishing Platform. This book was released on 2016-10-05 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Guant namo Diary written by Mohamedou Ould Slahi and published by Back Bay Books. This book was released on 2017-10-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The acclaimed national bestseller, the first and only diary written by a Guantánamo detainee during his imprisonment, now with previously censored material restored. When GUANTÁNAMO DIARY was first published--heavily redacted by the U.S. government--in 2015, Mohamedou Ould Slahi was still imprisoned at the detainee camp in Guantánamo Bay, Cuba, despite a federal court ruling ordering his release, and it was unclear when or if he would ever see freedom. In October 2016, he was finally released and reunited with his family. During his 14-year imprisonment, the United States never charged him with a crime. Now for the first time, he is able to tell his story in full, with previously censored material restored. This searing diary is not merely a vivid record of a miscarriage of justice, but a deeply personal memoir---terrifying, darkly humorous, and surprisingly gracious. GUANTÁNAMO DIARY is a document of immense emotional power and historical importance.
Download or read book To Close Or Not to Close written by Air Command Air Command And Staff College and published by Createspace Independent Publishing Platform. This book was released on 2016-07-11 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Closing Guantanamo written by Patrick Marshall and published by . This book was released on 2016 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: President Obama has tried for years to close the U.S. military-run detention facility at Guantanamo Bay, Cuba, and incarcerate terrorism suspects in the United States. Critics of Guantanamo say it serves as a potent propaganda tool for the Islamic State, which makes the prisoners it captures wear orange jumpsuits nearly identical to those worn by Guantanamo inmates. But Republicans and some Democrats have fought to keep the facility open, contending that transferring detainees to U.S. soil would be dangerous. The prison has drawn the opposition of many U.S. allies, who cite allegations of torture there. Democratic presidential nominee Hillary Clinton wants to close the prison, while Republican nominee Donald Trump vows to expand its use. The Obama administration has stopped sending new prisoners to Guantanamo and is steadily reducing the population -- now 61 inmates -- by transferring detainees to the custody of U.S. allies. National security analysts say the Guantanamo controversy underscores the need to reform how suspects captured in the terrorism fight are tried in court.
Download or read book Obama s Guant namo written by Jonathan Hafetz and published by NYU Press. This book was released on 2016-06-17 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. detention center at Guantánamo Bay has become the symbol of an unprecedented detention system of global reach and immense power. Since the 9/11 attacks, the news has on an almost daily basis headlined stories of prisoners held indefinitely at Guantánamo without charge or trial, many of whom have been interrogated in violation of restrictions on torture and other abuse. These individuals, once labeled “enemy combatants” to eliminate legal restrictions on their treatment, have in numerous instances been subject to lawless renditions between prisons around the world. The lines between law enforcement and military action; crime and war; and the executive, legislative, and judicial branches of power have become dangerously blurred, and it is time to unpack the evolution and trajectory of these detentions to devise policies that restore the rule of law and due process. Obama’s Guantánamo: Stories from an Enduring Prison describes President Obama’s failure to close America’s enduring offshore detention center, as he had promised to do within his first year in office, and the costs of that failure for those imprisoned there. Like its predecessor, Guantánamo Lawyers: Inside a Prison Outside the Law, Obama’s Guantánamo consists of accounts from lawyers who have not only represented detainees, but also served as their main connection to the outside world. Their stories provide us with an accessible explanation of the forces at work in the detentions and place detainees’ stories in the larger context of America’s submission to fearmongering. These stories demonstrate all that is wrong with the prison and the importance of maintaining a commitment to human rights even in times of insecurity.
Download or read book Returning Home written by Nandini Iyer and published by DIANE Publishing. This book was released on 2009-12 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Jan. 22, 2009, President Obama signed an executive order to close the detention facilities in Guantanamo Bay Naval Base within 12 months. A comprehensive plan for closing the camp should include a resettlement and reintegration program for detainees released from the facility since 2002. This report draws on data indicating that social stigma, unemployment, and impairments to mental and physical health hinder efforts of former detainees to reestablish their lives after release from custody. The report argues that U.S. support for reintegration efforts is strategically and morally justified. Contents: Introduction; Problems Faced Post-Release; Discussion; Policy Rationales for U.S. Support; Proposal and Recommendations; Conclusion.
Download or read book Guantanamo Detention Center written by Anna C. Henning and published by DIANE Publishing. This book was released on 2010 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: The detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, has been the focus of significant legislative activity during the 111th Congress. The Supplemental Appropriations Act, 2009, enacted in June 2009, contains several provisions relevant to Guantanamo detainees. Section 319 of the act includes an ongoing reporting requirement. Section 14103 restricts the use of funds for the transfer and release of the detainees in specified circumstances. This report analyzes the relevant provisions of the Supplemental Appropriations Act, 2009, and selected legislative proposals that have been introduced in the 111th Congress.
Download or read book The Administration s Plan to Close the Guantanamo Bay Detention Facility written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-11-30 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: The administration's plan to close the Guantanamo Bay detention facility : at what foreign policy and national security cost? : hearing before the Committee on Foreign Affairs, House of Representatives, One Hundred Fourteenth Congress, second session, March 23, 2016.
Download or read book To Close Or Not to Close written by Mark C. Nemish and published by . This book was released on 2009 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 paper 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."--Abstract.
