Personal Representative's Comments on Tribunal Results for ISN 277
Comments on Tribunal Results for ISN 277[edit]
The detainee requested 17 witnesses who were with him during the period of interest in Afghanistan. These relevant witnesses were limited to two, to be chosen by the detainee, with any more than that being deemed redundant. The convening order makes no mention of the exclusion of relevant evidence based on redundancy. The definition of relevant is:
- Relevant information is information having any tendency to make the existence of any fact that is of consequence to the determination to the Tribunal more probable or less probable than it would be without the information.
It is more probably that 17 witnesses are telling the truth than 2, thus the witnesses should have been allowed under the above definition. Further there is a reasonable expectation that relevant witnesses will have information beyond what is anticipated that will elucidate the case.
During the Tribunal at approximately 1520 hours, witness was finished answering questions. The witness stated that he had additional information for the Tribunal and asked to make a statement. The president (sic) declined saying that the only information that the Tribunal needed to know had been asked as questions.
The above mentioned failure to view relevant testimony denied this detainee due process as outlined in the order of the convening authority.
20 Nov 04
Lieutenant Colonel USAFR
Personal Representative