Originally the BushPresidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[10]
In 2004, the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.
Office for the Administrative Review of Detained Enemy Combatants
Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[14]
Majid Mahmud Abdu Ahmad was listed as one of the captives who "The military alleges ... are fighters for the Taliban."[14]
Majid Mahmud Abdu Ahmad was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."[14]
Majid Mahmud Abdu Ahmad was listed as one of the captives who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."[14]
Majid Mahmud Abdu Ahmad was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[14]
Majid Mahmud Abdu Ahmad was listed as one of the captives who "The military alleges ... fought for the Taliban."[14]
Majid Mahmud Abdu Ahmad was listed as one of the captives who "The military alleges ... were at Tora Bora."[14]
Majid Mahmud Abdu Ahmad was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."[14]
Majid Mahmud Abdu Ahmad was listed as one of the captives who was an "al Qaeda operative".[14]
Majid Mahmud Abdu Ahmad was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military’s allegations against them."[14]
On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[16][17]
His twelve-page Joint Task Force Guantanamo assessment was drafted on February 24, 2008.[18]
It was signed by camp commandant Rear AdmiralMark H. Buzby.
He recommended continued detention.
^ ab"U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.