The Obama Administration
argues these individuals may return to the battlefield if released. This is the
same legal theory that allowed the US to imprison German soldiers as prisoners
of war during World War II.
Periodic Review Boards are
hearings that consider whether continuing to detain these prisoners is, “necessary
to protect against a significant threat to the security of the United States.”
If not, the prisoner is recommended for release.
Photo Credit: Miami Herald
Each PRB consists of one
senior official from each of six
executive branch agencies: the Department of Defense, the Joint Chiefs of
Staff, the Office of the Director of National Intelligence, the State
Department, the Justice Department, and the Department of Homeland Security.
Periodic Review Boards are
the successors to the military “Combatant Status Review Tribunals” and “Administrative
Review Boards” of the Bush Administration. Those hearings were also tasked with
deciding whether Guantanamo prisoners should be released or continue to be
detained.
President Obama signed
an executive order to create the Periodic Review Boards in March 2011. The
order says the first hearing for each eligible prisoner should begin no later
than one year after the signing of the executive order.
In July of 2013 Pentagon
officials began notifying
lawyers for eligible Guantanamo prisoners that the preparations for the panels
were underway. The notifications took place during the middle of a large hunger
strike at the prison.
On January 9, 2014 the
Department of Defense announced
the results of the first Periodic Review Board. Mahmud Al Mujahid was recommended
for release.
A total of 9 prisoners
have completed
a Periodic Review Board hearing. The Board determined that “continued law of
war detention was no longer necessary” for 5 of those prisoners. One of the
others, Abdel al Rahabi, was recommended for release after his second PRB
hearing 6 months after his first one.
The other 3 were recommended
for “continued detention,” and are not cleared for release, at least for the
time being. 2/3 of the prisoners who have gone through the PRB process have
been cleared for release.
The Periodic Review Board
has 56 remaining prisoners to evaluate.
At its current rate, it
would take the PRB 8 years and 10 months to complete its reviews of the remaining
prisoners.
Sorry Obaidullah.
Two of the individuals
cleared for release by the PRB have actually been released. I have profiled one
of them, Muhammed
Zahrani.
Mohammed Shumrani was recommended for continued detention at his PRB.
Another prisoner I have profiled, Abdul Haq Wasiq, was released without being cleared by a PRB. He was instead one of five prisoners traded in exchange for Bowe Bergdahl, an American soldier held captive by the Taliban. The trade was criticized by many members of Congress. I covered the trade and the controversy surrounding it on Public Occurrences.
Mohammed Shumrani was recommended for continued detention at his PRB.
Another prisoner I have profiled, Abdul Haq Wasiq, was released without being cleared by a PRB. He was instead one of five prisoners traded in exchange for Bowe Bergdahl, an American soldier held captive by the Taliban. The trade was criticized by many members of Congress. I covered the trade and the controversy surrounding it on Public Occurrences.
Most of the prisoners I
have profiled so far are eligible for a Periodic Review Board. If you were on
the panel to determine their fate, how would you vote?
