User:George Swan/sandbox/No longer enemy combatant: Difference between revisions

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'''NLEC''' is an acronym for '''No Longer Enemy Combatant''', a term the [[George W. Bush|Bush]] [[United States President|Presidency]] uses for [[Guantanamo captive]]s whose [[Combatant Status Review Tribunal]] determined they should not have been classified as "[[unlawful combatant|enemy combatant]]s".<ref name=Afps31063>
{{TOC|right}}
{{cite news
{{main|Combatant Status Review Tribunal}}
| url=http://www.defenselink.mil/news/newsarticle.aspx?id=31063
{{main|Guantanamo Bay detention camp/Catalogs}}
| title=38 Guantanamo Detainees to Be Freed After Tribunals
| author=[[Kathleen T. Rhem]]
| publisher=[[American Forces Press Service]]
| date=March 30, 2005
| accessdate=2007-09-01
}}</ref>
 
Thirty-eight detainees were finally classified as "NLECs".<ref name=WapoNlec>
[http://projects.washingtonpost.com/guantanamo/nlec/ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants"], ''[[Washington Post]]''</ref>
The fifth [[Denbeaux study|Denbeaux report]], "[[No-hearing hearings]]", reported that an additional three Combatant Status Review Tribunals determined that captives should not have been determined to have been enemy combatants, only to have their recommendation overturned.<ref name=Denbeaux061117>
[[Mark Denbeaux]] et al,
[http://law.shu.edu/news/final_no_hearing_hearings_report.pdf No-hearing hearings]", November 17 2006</ref>
 
The ''[[Washington Post]]'' has published a list of the names of 30 of the 38 individuals who were determined not to have been enemy combatants.<ref name=WapoNlec>
[http://projects.washingtonpost.com/guantanamo/nlec/ Guantanamo Bay Detainees Classifed as "No Longer Enemy Combatants"], ''[[Washington Post]]''</ref>
None of the detainees who were determined not to have been enemy combatants were released right away.  Ten of the detainees who had been determined not to have been enemy combatants were allowed to move to the more comfortable [[Camp Iguana]].  Others, such as [[Sami Al Laithi]], remained in solitary confinement.
 
The delay in the release of some of the detainees was due to considerations of the detainees safety.  Some of the detainees could not be returned to their home countries, out of fears of retaliation from their fellow citizens, or the governments of their countries.  Some, like Al Laithi, were returned to their home countries after the U.S. secured a promise that they would not be punished by their home countries.  Others, like five of [[Uyghur detainees in Guantanamo]], were released when the U.S. found a third country which would accept them.<ref name=Bbc060506>
[http://news.bbc.co.uk/1/hi/world/americas/4979466.stm Albania takes Guantanamo Uighurs], ''[[BBC]]'', [[May 6]] [[2006]]
</ref><ref name=BostonGlobe060518>
[http://www.boston.com/news/nation/articles/2006/05/18/freed_from_guantanamo_5_face_danger_in_albania/ Freed from Guantanamo, 5 face danger in Albania], ''[[Boston Globe]]'', May 18 2006
</ref>
 
Three further captives who had been determined not to have been enemy combatants, who had been occupants of Camp Iguana since May 2005, were released in Albania in November 2006.<ref name=AllHeadlineNews061117>
[http://www.allheadlinenews.com/articles/7005556662 U.S. Releases Three Men From Terror Camp In Guantanamo], ''[[All Headline News]]'', November 17 2006
</ref><ref name=UsStateDept061120>
[http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2006&m=November&x=20061120180922sjhtrop0.7480738 Albania Agrees To Resettle Three Detainees from Guantanamo], ''[[US State Department]]'', November 20 2006
</ref><ref name=MiamiHerald061117>
[http://www.miami.com/mld/miamiherald/16040949.htm Pentagon sends Guantánamo captives to Albania], ''[[Miami Herald]]'', November 17 2006
</ref>
 
==Multiple CSRTs==
 
The fifth Denbeaux study, entitled [[No-hearing hearings]], revealed that some Guantanamo captives had second or third Combatant Status Review Tribunals convened when their first Tribunal determined that they had not been enemy combatants after all.<ref name="No-hearing_hearings">
{{cite web
| url=http://law.shu.edu/news/final_no_hearing_hearings_report.pdf
| title=No-hearing hearings
| page=page 17
| author=[[Mark Denbeaux]], [[Joshua Denbeaux]], David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner
| publisher=[[Seton Hall University]] School of Law
| accessdate=2007-04-02
}}</ref>
 
[[H. Candace Gorman]], the pro bono]] lawyer for [[Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi]] described her surprise when she learned that her client had initially been determined not to have been an enemy combatant, after all.<ref name=HuffingtonPost061120>
[http://www.huffingtonpost.com/h-candace-gorman-/secrets-of-the-war-crimin_b_34505.html Secrets of the War Criminals],  ''[[Huffington Post]]'', December 12 2006</ref>  Gorman described traveling to the secure site in Virginia, the only place where lawyers were allowed to review their client's classified files.  She was told that the justification for convening her client's second Tribunal had been that the DoD had new evidence.  But, when she reviewed the transcript of his second Tribunal she found that there had been no new evidence.
 
[[Lieutenant Colonel]] [[Stephen Abraham]] came forward and swore an affidavit, describing his experience sitting on Al Ghazzawi's Tribunal.<ref name=Cbs20070623>
{{cite news
| url=http://www.cbsnews.com/stories/2007/06/23/world/main2970288_page2.shtml
| title=Gitmo Panelist Slams Hearing Process: Lt. Col. Stephen Abraham Is First Member Of Military Panel To Challenge Guantanamo Bay Hearings
| date=June 23, 2007
| publisher=[[CBS]]
| accessdate=2007-06-23
}}</ref><ref name=Affidavit>{{cite web
| url=http://www.scotusblog.com/movabletype/archives/Al%20Odah%20reply%206-22-07.pdf
| title=Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007
| publisher=[[United States Supreme Court]]
| date=June 14 2007
| accessdate=2007-06-25
}}</ref><ref name=TheJurist20070622>{{cite news
| author=[[Mike Rosen-Molina]]
| url=http://jurist.law.pitt.edu/paperchase/2007/06/guantanamo-tribunal-officer-says-csrts.php
| title=Guantanamo tribunal officer says CSRTs pressured on 'enemy combatant' rulings
| publisher=[[The Jurist]]
| date=Friday, June 22, 2007
| accessdate=2007-06-25
}}</ref><ref name=WashingtonPost20070623>{{cite news
| url=http://www.washingtonpost.com/wp-dyn/content/article/2007/06/22/AR2007062202230.html
| title=An Ex-Member Calls Detainee Panels Unfair: Lawyer Tells of Flawed 'Combatant' Rulings
| author=[[Carol D. Leonnig]], [[Josh White]]
| publisher=[[Washington Post]]
| date=Saturday, June 23, 2007
| accessdate=2007-06-24
}}</ref><ref name=HuffingtonPostWorthington20070808>
{{cite news
| url=http://www.huffingtonpost.com/andy-worthington/guantanamo-will-more-wh_b_59716.html
| author=[[Andy Worthington]]
| title=Guantánamo: Will More Whistleblowers Step Forward, Please?
| publisher=[[Huffington Post]]
| date=August 8, 2007
| accessdate=2007-08-09
}}</ref>
 
==See also==
*[[Seton Hall study]]
 
==References==
<references/>

Latest revision as of 10:18, 30 May 2009

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For more information, see: Combatant Status Review Tribunal.
For more information, see: Guantanamo Bay detention camp/Catalogs.
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