- Copies of all documentary evidence presented to the Tribunal and summaries of all witness testimony. If classified material is part of the evidence submitted or considered by the Tribunal, the report will be properly marked and handled in accordance with all applicable security regulations; and
- A dissenting member’s summary report, if any.
- The President of the Tribunal shall forward the Tribunal’s decision and all supporting documents as set forth above to the Director, CSRT, acting as Convening Authority, via the CSRT Legal Advisor, within three working days of the date of the Tribunal decision. If additional time is needed, the President of the Tribunal shall request an extension from the Director, CSRT.
- The Recorder shall ensure that all audiotapes of the Tribunal hearing are properly marked with identifying information and classification marking, and stored in accordance with all applicable security regulations. These tapes may be reviewed and transcribed as necessary for the legal sufficiency and Convening Authority review.
- The CSRT Legal Advisor shall conduct a legal sufficiency review of all cases. The Legal Advisor shall render an opinion on the legal sufficiency of the Tribunal proceedings and forward the record with a recommendation to the Director, CSRT. The legal review shall specifically address Tribunal decisions regarding reasonable availability of witnesses and other evidence.
- The Director, CSRT, shall review the Tribunal’s decision and may approve the decision and take appropriate action, or return the record to the Tribunal for further proceedings. In cases where the Tribunal decision is approved and the case is considered final, the Director, CSRT, shall so adivse the DoD Officer of Detainee Affairs, the Secretary of State, and any other relevant U. S. Government agencies.
- If the Tribunal determines that the detainee shall no longer be classified as an enemy combatant, and the Director, CSRT, approves the Tribunal’s decision, the Director, CSRT, shall forward the written report of the Tribunal’s decision directly to the Secretary of the Navy. The Secretary of the Navy shall so advise the the DoD Office of Detainee Affairs, the Secretary of States, and any other relevant U. S. Government agencies, in order to permit the Secretary of State to coordinate the transfer of the detainee with representatives of the detainee’s country of nationality for release or other disposition consistent with applicable laws. In these cases the Director, CSRT, will ensure coordination with the Joint Staff with respect to detainee transportation issues.
- The detainee shall be notified of the Tribunal decision by the Director, CSRT. If the detainee has been determined to no longer be designated as an enemy combatant, he shall be notified of the Tribunal decision upon finalization of transportation arrangements or at such earlier time as deemed appropriate by the Commander, FTD-GTMO.
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Enclosure (1)
