Memorandum for Record 21 Oct 04

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From: President, Tribunal Team
TO: Director, Combatant Status Review Tribunals
SUBJECT: Detainee   Witness Approval by Convening Authority
Ref: Convening Authority Memorandumo f 5 Oct 2004 (OARDEC/Ser:0 179)

On 25 Sep 04, Detainee   requested two witnesses to testify on his behalf during his Combatant Status Review Tribunal. Based on the detainee’s proffer of how these detainees would testify, I denied the detainee’s request, ruling that the testimony of the two witnesses would be irrelevant to the question of whether Detainee   is properly classified as an enemy combatant. The detainee subsequently elected not to participate in his hearing, so the hearing was held in absentia on 29Sep 04.


On 5 Oct 04, the Convening Authority returned the record of proceedings for Detainee   to my tribunal panel after finding that one of the two witnesses,      was a relevant witness[1] The panel was ordered to make a determination of reasonable availability for this witness. As part of this process, the detainee’s Personal Representative was directed to meet with the detainee and obtain information needed to locate this witness. At this meeting, the detainee told his Personal Representative that he did not want to participate in his Tribunal. After conversing with the detainee, the Personal Representative informed me that Detainee   does not wish to appear before the Tribunal or call his witness.


Based on the above information I first find that the detainee no longer wishes to call         as a witness for his Tribunal. Therefore, the question of whether the witness would have been relevant or reasonably available is moot. Alternatively, I find that the witness is not reasonably available since the detainee refused to provide his Personal Representative with information necessary to locate him.


The decision of Tribunal Panel #5 of 29 Sep 04 stands. The panel has determined that Detainee   is properly classified as an enemy combatant.

Respectfully submitted,
   Tribunal $5 Member for,
   Col, USAF
Tribunal #5 President

  1. In his 15 Oct 04 Memorandum for Record the Personal Representative of Detainee   states that the Convening Authority authorized the two requested witnesses. This statement is incorrect. Please refer to Referenced Memorandum from Convening Authority.