Official U.S. Policy on Detainees

Treatment of Detainees
• On January 19, 2002, the Secretary of Defense issued specific guidance that all detainees be treated humanely.
– On January 21, 2002, the Chairman of the Joint Chiefs of Staff issued Execute Orders to commanders that transmitted Secretary of Defense order that detainees be treated humanely
• On February 7, 2002, President Bush determined that Al Qaeda and Taliban detainees should be treated:
– Humanely
– Consistent with the principles of the Geneva Conventions
– Consistent with Military Necessity

Guantanamo in Context
• Since September 11, 2001, more than 70,000 detainees have been captured in Afghanistan, Iraq.
– The vast majority have been released
– We are working with Iraq, Afghan, and other governments to have them take control of detainees from their countries
• Some 800 suspected Al Qaeda or Taliban have been sent
to Guantanamo
– App. 520 remain
– App. 235 have been released/transferred to other countries
– 61 are awaiting release or transfer
• Detainees are trained to resist interrogation
– Captured Al Qaeda training manual (“Manchester Document”) instructs members to allege abuse and torture if captured

Investments
• The United States has invested significantly in Guantanamo, as the most appropriate location to execute operations that result from the President’s February 7, 2002, determination.
– Investments in Guantanamo since 2002:
• $109.2 Million in new construction($42 Million additional underway from ’05 Supplemental):
– Medical Facilities
– Interrogation Facilities
– Multi-story berthing/dining/food preparation facilities
• $241 Million in cost of operations (now roughly $95 million/year)
• The United States also has made investments of over $140 Million to improve existing or build new detention facilities in Afghanistan and Iraq

Guantanamo Review Process
• Combatant Status Review Tribunals
– Baseline review, conducted consistent with recent Supreme Court ruling
– All detainees have been reviewed by a Tribunal
– 38 determined to be no longer enemy combatants.
• 23 released
• 15 in process for release
• Administrative Review Boards
– Review of each case at least annually for possible release, based on threat
– More than 130 Boards completed to date
• 95 habeas corpus petitions filed covering 203 detainees (a petition to make a
detainee available in court)
• Military Commissions are available and ready
– Awaiting resolution of various U.S. federal court rulings and reviews

The Value of Guantanamo
• What is the U.S. learning?
– Organizational structure of al-Qaida and other terrorist groups
– Extent of terrorist presence in Europe, the U.S. and Middle East
– Al-Qaida’s pursuit of WMD
– Methods of recruitment; location of recruitment centers
– Terrorist skill sets: General and specialized operative training
– How legitimate financial activities are used to hide terrorist operations
– Intelligence Gained at Guantanamo has prevented Terrorist
Attacks and saved American lives
• Who is at Guantanamo? (Note:None under 18 years old)
– Terrorist trainers
– Bomb makers
– Recruiters and facilitators
– Terrorist Financiers
– UBL body-guards
– Would-be suicide bombers

Transparency
• Access provided to Guantanamo since 2002:
• International Committee of the Red Cross
• 24/7 access to the facility, at its discretion
• Had a permanent presence, recently changed at its choosing
• Media (400 visits by 1,000 national and international journalists)
• Lawyers for detainees (in connection with habeas cases)
• 11 Senators, 77 Representatives and 99 Congressional staff members
• The U.S. Government has released more than 16,000 pages of documents regarding detainee operations, including classified interrogation techniques.
• Media/NGO “reports” are based on documents U.S. government has made public
• Abu Ghraib misconduct/abuse photos already given wide coverage and reviewed by Congress in 2004 will soon be released to the public

Universe of Detainee Mistreatment
• Abuses and other misconduct involving detainees have occurred
– Notably, nothing significant at Guantanamo has been identified
• The U.S. government is holding people accountable
– More than 390 criminal investigations
– More than 50 referrals to trial by Courts-Martial
– More than 85 Non-Judicial Punishments (Fines/Reduction in Rank/etc)
– More than 26 administrative actions (Relief from duty/Discharge)
• Abu Ghraib accountability
– Commanding General relieved of command & reduced in rank
– Intelligence Brigade Commander (Colonel) relieved of command
– 8 Courts-Martial completed; 1 pending
• Sentences range from 6 months to 10 years imprisonment
– 4 officers received Non-Judicial Punishments
– Further action pending on 13 Soldiers

Investigations
INVESTIGATION PURPOSE STATUS
Taguba Abu Ghraib Military Police Activities Complete
Fay Abu Ghraib Military Intel Activities Complete
Church I Charleston/Guantanamo Quicklook Complete
Miller Guantanamo Intel/Detention Ops Complete
Ryder Iraq Detention Ops Complete
Formica Iraq Special Forces Detainee Ops Complete
Jacoby Afghanistan Detention Ops Complete
Mikolashek General Review of Doctrine/Training Complete
Schlesinger Assessment of DoD Detention Ops Complete
Church II Assessment of DoD Interrogation Ops Complete
Kiley Medical Support to Detention Ops In Progress
Schmidt/Furlow FBI E-mails/Kahtani In Progress

Select Reforms
• 442 Reform Recommendations from Completed Investigations
• Major Changes Implemented by Defense Department to date:
– Established Deputy Assistant Secretary for Detainee Affairs
– Established Joint Staff Detainee Affairs Division
– Established Army Provost Marshal General as executive agent for detention operations
– Established Detainee Operations Oversight Council
– Improved reporting relationship with International Committee of the Red Cross and expanded and expedited internal review of ICRC reports
– Placed a Two-Star Officer in charge of Detention Operations in Iraq
– Standardized Interrogation/Detention Operations across the theaters
– Made multi-million dollar investment in improved facilities at Guantanamo
– Trained Soldiers to accommodate religious/cultural practices
– U.S. is providing high quality medical care to detainees

Prepared by the U.S. Department of Defense. NOTE:Other departments have implemented reforms.

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