Chapter4 Access to Justice | 105 other relevant information. The PRB reportedly takes into account all mitigating information relevant to whether the detainee poses a continuing significant threat. The PRB reportedly does not rely on information that has been obtained as a result of torture or cruel, inhuman, or degrading treatment to support a determination that continued law of war detention is warranted for a detainee. 256. Detainees are provided an unclassified written summary of the information considered by the PRB, can submit written statements, and appear before the PRB via video or telephone conference. Detainees are provided with a personal representative (a uniformed military officer) to assist them during the process. In cases where information considered by the PRB is withheld from a detainee's personal representative and/or private counsel, substitutes or summaries of the withheld information are provided. 257. Full reviews of each detainee are conducted every three years. The PRB can either recommend continued law of war detention or the detainee's transfer, including establishing the conditions for transfer. The determination can be reviewed by a Review Committee if a member of the Committee seeks review within 30 days, or if the PRB cannot reach consensus. Once a PRB determination becomes final, the detainee may not appeal. If the PRB determines that continued detention is necessary, it will conduct semi-annual file reviews focusing on any new information or change of circumstances. 258. According to publicly available information, the first detainee to be reviewed by the PRB was Mahmud Abd Al Aziz Al Mujahid. On November 20, 2013, the PRB determined that he was eligible for transfer subject to appropriate security and humane treatment conditions. The PRB applied the same conditions imposed for the transfer of other Yemeni nationals, specifically, “that the security situation improves in Yemen, that an appropriate rehabilitation program becomes available, or that an appropriate third country resettlement option becomes available.” 309 259. According to information provided by the U.S. Government, as of March 2015 the PRB had conducted fourteen full hearings and three six-month file reviews. 310 Eight of the full hearings determined that “continued law of war detention of the detainee is no longer necessary,”311 in five cases the PRB determined that “continued law of war detention of the detainee remains necessary to protect against a continuing significant threat to the security of the United States,”312 and one was still pending a 309 310 311 312 U.S. Department of Defense, Release No. NR-017-14, Completion of First Guantanamo Periodic Review Board, January 9, 2014. Available at: http://www.defense.gov/releases/release.aspx?releaseid=16473 Submission of the Government of the United States to the Inter-American Commission on Human Rights with respect to the Draft Report on the Closure of Guantanamo, OEA/Ser.L/V.II.Doc. 30 January 2015, March 30, 2015, p. 4. See PRB final determinations in the cases of Ali Ahmad al-Razihi, Ghaleb Nassar Al Bihani, Fouzi Khalid Abdullah Al Awda, and Muhammad Murdi Issa Al-Zahrani. Available at: http://www.prs.mil/ReviewInformation/FullReviewpage.aspx See PRB final determinations in the cases of Abdel Malik Ahmed Abdel Wahab Al Rahabi, Salem Ahmad Hadi Bin Kanad, Muhammed Abd Al Rahman Awn Al-Shamrani, and Faez Mohammed Ahmed Al-Kandari. Available at: http://www.prs.mil/ReviewInformation/FullReviewpage.aspx Inter-American Commission on Human Rights | IACHR

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