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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