Legal Sufficiency Review of Combatant Status Review Tribunal for detainee ISN 590

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Legal Sufficiency Review of Combatant Status Review Tribunal for detainee ISN 590 (2004)
by Teresa A. McPalmer
600606Legal Sufficiency Review of Combatant Status Review Tribunal for detainee ISN 5902004Teresa A. McPalmer
FOR OFFICIAL USE ONLY
UNCLASSIFIED
1 Jan 05
Memorandum
From: Legal Advisor
To: Director, Combatant Status Review Tribunals
Subj: Legal Sufficiency Review of Combatant Status Review Tribunal for detainee ISN #  
Ref:
(a) Deputy Secretary of Defense Order of 7 July 2004
(b) Secretary of the Navy Implementation Directive of 29 July 2004
Encl:
(1) Appointing Order for Tribunal # 13 of 04 October 2004
(2) Record of Tribunal Proceedings
1.

A legal sufficiency review has been completed on the subject Combatant Status Review Tribunal in accordance with references (a) and (b). After reviewing the record of the Tribunal, fred that:

a.

The detainee was properly notified of the Tribunal process and did not participate in the proceeding.

b.

The Tribunal was properly convened and constituted by enclosure (I).

c.

The Tribunal complied with the provisions of references (a) and (b). Note that information in ex~bit R-4 was redacted. The FBI properly certified in exhibit R-2 that the redacted information would not support a determination that the detainee is not an enemy combatant.

d.

Exhibits R-4, R-15, and R-20 contain handwritten notes in the margins. The notes on exhibits R-4 and R-20 appear to be aids in directing the Tribunal to the source of the information in the UnclassNedS ummaryp rovided to the detainee. The note on exhibit R-15 explains that a name on the documenits an alias of the detainee’s. These notes do not alter the evidencen or do they affect the legal sufficiency of the documents.

e.

The detainee did not request any witnesses or additional evidence.

f.

The Tribunal’s decision that detainee #  properly classified as an enemy combatant was unanimous.

g.

The detainee’s Personal Representative was given the opportunity to review the record of proceedings and affirmatively declined to submit comments.

2.

The proceedings and decision of the Tribunal as recorded in enclosure (2) are legally sufficient and no corrective action is required.

3.

I recommend that the decision of the Tribunal be approveda nd the case be considered final.

T. A. McPALMER
CDR, JAGC, USN