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View Diary: Due process at Guantánamo (78 comments)

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  •  I simply disagree with that characterization (0+ / 0-)

    I read the order as holding that CSRTs are sufficient to hold such reviews, but that a second review is needed if the detainee is put on trial.

    Look at page 4, first paragraph of the order:

    [I]t is clear from the Commentaries on the Geneva Conventions that a second status determination must be made by a judicial officer for detainees the Detaining Power proposes to punish.

    The ruling only means that a SECOND determination must be made and only for those subject to punishment.  The ruling does not suggest that CSRTs are inadequate for the purposes of Art. 5 with respect to detainees not being put on trial.

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