- G. Tribunal Procedures
- By July 17, 2004, the convening authority was required to notify each detainee of the opportunity to contest his status as an enemy combatant in the Combatant Status Review Tribunal process, the opportunity to consult with and be assisted by a Personal Representative, and of the jurisdiction of the courts of the United States to entertain a habeas corpus petition filed on the detainee’s behalf. The English language version of this Notice to Detainees is at enclosure (4). All detainees were so notified July 12–14, 2004.
- An officer appointed as a Personal Representative will meet with the detainee and, through an interpreter if necessary, explain the nature of the CSRT process to the detainee, explain his opportunity to personally appear before the Tribunal and present evidence, and assist the detainee in collecting relevant and reasonably available information and in preparing for and presenting information to the CSRT.
- The Personal Representative will have the detainee make an election as to whether he wants to participate in the Tribunal process. Enclosure (5) is a Detainee Election Form. If the detainee elects not to participate, or by his silence or actions indicates that he does not want to participate, the Personal Representative will note this on the election form and this detainee will not be required to appear at his Tribunal hearing. The Director, CSRT, as convening authority, shall appoint a Tribunal as described in paragraph C(1) of this enclosure for all detainees after reviewing Nomination Questionnaires (enclosure (6)) and approving Tribunal panel members. Enclosure (7) is a sample Appointment Letter.
- The Director, CSRT, will schedule a Tribunal hearing for a detainee within 30 days after the detainee’s Personal Representative has reviewed the Government Information, had an opportunity to contest his status, even if the detainee declines to participate as set forth above. The Personal Representative will submit a completed Detainee Election Form to the Director, CSRT, or his designee when the Personal Representative has completed the actions above. The 30-day period to schedule a Tribunal will commence upon receipt of this form.
- Once the Director, CSRT, has scheduled a Tribunal, the President of the assigned Tribunal may postpone the Tribunal for good cause shown to provide the detainee or his Personal Representative a reasonable time to acquire evidence deemed relevant and necessary to the Tribunal’s decision, or to accommodate military exigencies as presented by the Recorder.
- All Tribunal sessions except for those relating to deliberation or voting shall be recorder on audiotape. Tribunal sessions where classified information is discussed shall be recorded on separate and properly marked audiotapes.
5
Enclosure (1)
