No doubt there have. Those whose innocence has been affirmed have been released.
There are two procedures in place for determination of detainee status: the Administrative Review Board and the Military Tribunal. In the case of the Tribunal - the proceedings that the SCOTUS just overturned - A three-officer panel heard arguments, and one senior officer presided. Defense and prosecuting teams had tables in the court. A court reporter, bailiffs, translators and military police were also present.
Detainees were allowed two family members in the courtroom at a time. Others permitted in the gallery included media members, diplomatic representatives from the detainees' home countries, U.S. government officials, and observers from nongovernmental human-rights organizations.
Ten media members were allowed to be in the courtroom, and a remote media center was set up to allow 90 other reporters to view the proceedings via closed-circuit television.
The Administrative Review Board (ARB) reviews the status of detainees at least once a year. In an ARB, the detainees have the chance to argue their case against continued detention before a board of three U.S. military officers. The detainees' home countries and families also have an opportunity to present information to the panel.
The ARB's purpose is to determine if each detainee is still a threat to the United States or still holds intelligence value.
This review process is not required by the Geneva Conventions or by U.S. or international law. "Our ARB process ... helps to mitigate concerns that have been raised about the indefinite detention (of enemy combatants) in this kind of unconventional conflict," according to Navy Rear Adm. James M. McGarrah, director of the Office of Administrative Review for Detained Enemy Combatants.
There are three possible outcomes from an administrative review board: release, typically in the detainee's home country; transfer of custody to the government of the home country; or continued detention at Guantanamo Bay.
Since the SCOTUS ruling on the Tribunals, it is as yet unclear as to whether the Bush administration will seek to modify the Tribunals to conform to a UCMJ courts-martial proceeding, or seek legislation conforming to the SCOTUS ruling. Note that the SCOTUS decision directly affects only 14 detainees at Guantanamo Bay and could ultimately affect only 40 to 80 detainees who are expected to be charged in the future.
Nothing in the decision takes issue with the detention of some 450 prisoners at Guantanamo Bay, officials emphasized. "The court was not questioning" the right to detainee these enemy combatants during hostilities, according to one official. WH Press Secretary Tony Snow issued a similar sentiment during today's White House briefing. "Nobody gets a 'get out of jail free card,'" he said of the decision.
Detainee treatment always has been consistent with the Geneva Conventions, according to Army Maj. Gen. Jay Hood, commander of Gitmo until March 31 of this year. Hood said the training program for military guards has been expanded to help troops understand the Middle Eastern culture and the Islamic faith. And the International Committee of the Red Cross visits Guantanamo three or four times a year to deliver messages to the detainees, ask them about their living conditions, and review U.S. detention procedures.
No. It was and is publicly described in detail at the defenselink web site.
To summarize:
Gitmo conducts two critical missions in support of the war on terror: While keeping terrorists off the battlefield, they're gathering valuable intelligence to support U.S. and coalition troops.
> Every detainee gets clothing, shelter and basic hygiene items, is able to exercise, and has access to medical and dental care.
> Detainees can send and receive mail, get books and magazines from a detainee library.
> Detainees can practice their faith freely.
> Detainees all are entitled to legal representation.
Primary
source for all quotations, attributions and statements paraphrased.
