announced that he had asked DoD to designate a site in the United States where military commissions can be held. 58. In signing the National Defense Authorization Act (NDAA) for Fiscal Year 2013, Public Law 112-239, on January 2, 2013, President Obama objected to restrictions contained in the statute on using appropriated funds for fiscal year 2013 to transfer Guantanamo detainees into the United States for any purpose, including trial, and to unwarranted restrictions on executive branch authority to transfer detainees to foreign countries. The President stated that these provisions would, under certain circumstances, violate constitutional separation of powers principles, and that his Administration will interpret them to avoid constitutional conflict. President Obama objected to the same restrictions in signing the NDAA for fiscal years 2011 and 2012. Response to issues raised in Question 8(c). 59. The individuals detained at Guantanamo pursuant to the 2001 AUMF, as informed by the laws of war, are detained as who were part of, or substantially supported, “persons Taliban or al-Qaeda forces or associated forces that are engaged in hostilities against the United States or coalition partners.” 60. Pursuant to the decision in Boumediene v. Bush, 553 U.S. 723 (2008) (upholding constitutional habeas corpus jurisdiction over claims of aliens detained at Guantanamo), detainees have continued to challenge the legality of detention via habeas corpus petitions in the U.S. federal district court in the District of Columbia, with a right of appeal to the D.C. Circuit Court of Appeals. These courts are part of the independent judicial branch of the U.S. government, and are separate from the Executive Branch (which includes the military). Each detainee held by the United States in law of war detention at Guantanamo is entitled to petition the U.S. federal courts for habeas corpus review of the lawfulness of his detention. Many Guantanamo detainees have availed themselves of this right, and the district and appellate courts have completed their review of approximately 50 habeas cases to date. All of the detainees who have prevailed in habeas proceedings under orders that are no longer subject to appeal have either been repatriated or resettled, or have received offers of resettlement. Approximately 14 detainees have been released after winning their habeas cases in federal courts.
announced that he had asked DoD to designate a site in the United States where military commissions can be held. 58. In signing the National Defense Authorization Act (NDAA) for Fiscal Year 2013, Public Law 112-239, on January 2, 2013, President Obama objected to restrictions contained in the statute on using appropriated funds for fiscal year 2013 to transfer Guantanamo detainees into the United States for any purpose, including trial, and to unwarranted restrictions on executive branch authority to transfer detainees to foreign countries. The President stated that these provisions would, under certain circumstances, violate constitutional separation of powers principles, and that his Administration will interpret them to avoid constitutional conflict. President Obama objected to the same restrictions in signing the NDAA for fiscal years 2011 and 2012. Response to issues raised in Question 8(c). 59. The individuals detained at Guantanamo pursuant to the 2001 AUMF, as informed by the laws of war, are detained as “persons who were part of, or substantially supported, Taliban or al-Qaeda forces or associated forces that are engaged in hostilities against the United States or coalition partners.” 60. Pursuant to the decision in Boumediene v. Bush, 553 U.S. 723 (2008) (upholding constitutional habeas corpus jurisdiction over claims of aliens detained at Guantanamo), detainees have continued to challenge the legality of detention via habeas corpus petitions in the U.S. federal district court in the District of Columbia, with a right of appeal to the D.C. Circuit Court of Appeals. These courts are part of the independent judicial branch of the U.S. government, and are separate from the Executive Branch (which includes the military). Each detainee held by the United States in law of war detention at Guantanamo is entitled to petition the U.S. federal courts for habeas corpus review of the lawfulness of his detention. Many Guantanamo detainees have availed themselves of this right, and the district and appellate courts have completed their review of approximately 50 habeas cases to date. All of the detainees who have prevailed in habeas proceedings under orders that are no longer subject to appeal have either been repatriated or resettled, or have received offers of resettlement. Approximately 14 detainees have been released after winning their habeas cases in federal courts.
CAT_C_USA_3-5_356_E.docx