information to the Tribunal. The Personal Representative may, outside the presence of the detainee, present or comment upon classified information that bears upon the detainee’s status if it would aid the Tribunal’s deliberations.
- When deemed necessary and appropriate by any member of the Tribunal, the Tribunal may recess the Tribunal hearing to consult with the Legal Advisor as to any issues relating to evidence, procedure, or other matters. The President of the Tribunal shall summarize on the record the discussion with the Legal Advisor when the Tribunal reconvenes.
- The Tribunal shall deliberate in closed session with only voting members present. The Tribunal shall make its determination of status by a majority vote. The President shall direct a Tribunal member to document the Tribunal’s decision on the Combatant Status Review Tribunal Decision Report cover sheet (enclosure (9)), which will serve as the basis for the Recorder’s preparation of the Tribunal record. The unclassified reasons for the Tribunal’s decision shall be noted on the Tribunal Decision Report cover sheet, and should include, as appropriate, the detainee’s organizational membership or affiliation with a governmental, military, or terrorist organization (e. g., Taliban, al Qaida, etc.). A dissenting member shall prepare a brief summary of the basis for his/her opinion.
- Both documents shall be provided to the Recorder as soon as practicable after the Tribunal concludes.
- I. Post-Hearing Procedures.
- The Recorder shall prepare the record of the hearing and ensure that the audiotape is preserved and properly classified in conformance with security regulations.
- The detainee’s Personal Representative shall be provided the opportunity to review the record prior to the Recorder forwarding it to the President of the Tribunal. The Personal Representative may submit, as appropriate, observations or information that he/she believes was presented to the Tribunal and is not included or accurately reflected on the record.
- The Recorder shall provide the completed record to the President of the Tribunal for signature and forwarding for legal review.
- In all cases the following items will be attached to the decision which, when complete and signed by the Tribunal President, shall constitute the record:
- A statement of the time and place of the hearing, persons present, and their qualifications;
- The Tribunal Decision Report cover sheet;
- The classified and unclassified reports detailing the findings of fact upon which the Tribunal decision was based;
8
Enclosure (1)
