Summary of Evidence (CSRT) - The Memos Format

The Memos Format

The memos were all from the Recorder assigned to the captive's Tribunal to the Personal Representative assigned to the captive. Under the rules under which the tribunals were conducted the Recorder was responsible for collating and compiling the allegations against the captive. Under the rules under which the Tribunals were conducted the Personal Representative was supposed to learn the captive's account of himself, and present that story to the Tribunal, if the captive was unwilling or unable to attend.

The memos all contained the same four numbered paragraphs:

  1. Under the provisions of the Department of the Navy Memorandum, dated 29 July 2004, Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base Cuba, a Tribunal has been appointed to review the detainee's designation as an enemy combatant.
  2. An enemy combatant has been defined as "an individual who was part of or supporting the Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces."
  3. The United States Government has previously determined that the detainee is an enemy combatant. This determination is based on information possessed by the United States that indicates that he was associated with Al-Qaida and the Taliban and engaged in hostilities against the United States or its coalition partners.
  4. The detainee has the opportunity to contest his determination as an enemy combatant. The Tribunal will endeavor to arrange for the presence of any reasonably available witnesses or evidence that the detainee desires to call or introduce to prove that he is not an enemy combatant. The Tribunal President will determine the reasonable availability of evidence or witnesses.

A list of the allegations against the captive always followed the third paragraph

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