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67-620: The Combatant Status Review Tribunals ( CSRT ) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as " enemy combatants ". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through

134-508: A Periodic Review Board . The first review wasn't convened until November 20, 2013. As of 15 April 2016 , 29 individuals had reviews, but Guled Hassan Duran wasn't one of them. Duran was approved for transfer on November 10, 2021. Military authorities cut off access for the captive's lawyers and their clients following the outbreak of the COVID-19 virus in March 2020. They used

201-630: A Parliamentary Inquiry (non-statutory) and a Tribunal of Inquiry in Ireland is that non-statutory inquiries are not vested with the powers, privileges, and rights of the High Court. Tribunals of Inquiry are. Tribunals are established by resolution of the Houses of the Oireachtas to enquire into matters of urgent public importance . It is not a function of Tribunals to administer justice; their work

268-656: A Somali mosque, whose imam arranged for Duran and his friend, future AIAI bombmaker Qasim Mohamed , to train in Afghanistan before joining the Somali war effort. Duran trained at the Khalden camp in weapons and explosives from January through October 1996, and at another camp in Khost in assassination techniques for several months. By late 1996 he returned to Somalia. American counterterrorism officials assert Duran became

335-891: A US District Court judge for the District of Columbia, was assigned in 2004 to coordinate the nearly 60 habeas corpus cases filed following the US Supreme Court's decision in Rasul v. Bush (2004) that detainees had the right to due process and to habeas corpus challenges of their detention. Kurnaz' case was one which she reviewed, and she had the clearance to review both the classified and declassified materials. Green found that Kurnaz' file contained some 100 pages of documents and reports explaining that German and American investigators could find no evidence whatsoever that Kurnaz had any ties to terrorism. Shortly before his tribunal an unsigned memo had been added to his file concluding he

402-774: A captive should be classified as a prisoner of war is the purpose of a "competent tribunal". On June 29, 2006, the Supreme Court of the United States ruled that the Geneva Conventions should be applied, but only Article 3, which does not require a competent tribunal. Specific Combatant Status Review Tribunal hearings have resulted in a variety of outcomes. Many detainees are still being detained, others have been released to return to their homeland, and still others have been classified and cleared for release but remain at Guantanamo Bay and in U.S. custody because their home countries cannot assure their safety. According to

469-436: A detainee's written statement was the task of The Personal Representative, and this occurred, in one case, with Guleed Hassan Ahmed who did not attend his CSRT and instead sent a statement. When detainees did attend, if required, a translator was typically present to assist the detainee and tribunal members. They are given a copy of the unclassified summary of information, and aided by a "Personal Representative". The question of

536-479: A means to raise money for future AIAI operations. Following Duran's arrest, AIAI terrorists on March 19, 2004, tried unsuccessfully to kidnap a German aid worker and murdered a Kenyan contract employee in Hargeysa. On November 23, 2009, Africa News published a profile of Duran's mother, Adar Mohammed Yusuf, who asserted that he was innocent. Adar said her son was captured by a Somali warlord in 2004. Adar

603-675: A member of AIAI in 1997 out of a commitment to support the Somali war against Ethiopia and to win the Ogaden region of Ethiopia back to Somalia. He fought against the Ethiopians in Ogaden off and on from 1997 to 2002 and trained AIAI fighters. He allegedly became associated with al-Qaeda because its members were in Somalia and his AIAI cell supported the al-Qaeda. Gouled was introduced to Abu Talha al-Sudani, who came to Mogadishu to hide following

670-483: A process based on existing military regulations—and she specifically cited Army regulation 190-8 —might be sufficient to meet due process standards. You'll also perhaps know that that Army regulation is what the U.S. uses to implement Article 5 of the Geneva Convention that deals with prisoners of war. So [if] our CSRT process incorporates that guidance from Article 5, Army regulation 190-8   ... Thus,

737-407: A raised position physically was symbolic of their higher position regarding the adjudication of the law. In Australia, tribunal generally implies a judicial body with a lesser degree of formality than a court , with a simplified legal procedure, often presided over by a lawyer (solicitor or barrister) who is not a judge or magistrate (often referred to as a member of the tribunal). In many cases,

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804-720: A timetable for informing detainees in the event that the tribunal has decided to retain their enemy combatant designations. Article 5 creates a particularized limited process, intended to sort individuals when any doubt exists as to their status. The sole question for determination is whether the captive meets the definition of POW in Article 4 of the Prisoner of War Convention. Secretary of the Navy Gordon R. England stated: As you will recall, in last June's Supreme Court decision in "Hamdi," Justice O'Connor explicitly suggested that

871-531: A unified system with recognised judicial authority, routes of appeal , and regulatory supervision. "Tribunal" is used in the U.S. generally to refer to courts or judicial bodies, as in the ABA Model Rules of Professional Conduct . The Ohio Rules of Professional Conduct, for instance, define "tribunal" as "a court, an arbitrator in a binding arbitration , or a legislative body, administrative agency, or other body acting in an adjudicative capacity." In

938-590: A year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a Freedom of Information Act request. Guled Hassan Duran was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Obama said those deemed too innocent to charge, but too dangerous to release would start to receive reviews from

1005-510: Is solely inquisitorial . Tribunals are obliged to report their findings to the Oireachtas . They can enforce the attendance and examination of witnesses and produce documents relevant to the work. Tribunals can consist of one or more people. A layperson or non-lawyer may be the Sole member of a tribunal. Historically, before the separation of lawmaking, law enforcement, and justice duties in

1072-587: Is a flawed nature of the CSRT procedure: Mustafa Ait Idir , Moazzam Begg , Murat Kurnaz , Feroz Abbasi , and Martin Mubanga . James Crisfield , the legal advisor to the Tribunals, offered his legal opinion, that CSRT do not have the discretion to determine that a detainee should be classified as a prisoner of war -- only whether the detainee satisfies the definition of " enemy combatant " Determining whether

1139-568: Is a lesson in how fragile our constitutional protections truly are in the hands of an overzealous executive. Tribunal A tribunal , generally, is any person or institution with authority to judge , adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction . For instance,

1206-597: Is controversy over whether the Appeal Court will have access to all of the evidence against the captives. As of May 2008, none of the cases have proceeded to the point when the judges would consider the merits of the case. Detainees in extrajudicial detention in the United States Guantanamo Bay detainment camps in Cuba were initially not provided with any mechanism with which to challenge

1273-614: Is divided into regions; each has its Tribunal Regional Federal (Regional Federal Court). Also, each state has its own Tribunal de Justiça (Justice Court). The following tribunals exist within the Judiciary of the Hong Kong Special Administrative Region of the People's Republic of China : Lands , Small Claims , Labour , Obscene Articles . For public inquiries, commissions are set up instead under

1340-644: Is not conclusive of a body's function; in Great Britain, the Employment Appeal Tribunal is a superior court of record. The term is derived from the tribunes , magistrates of the Classical Roman Republic . Tribunal originally referred to the office of the tribunes, and the term is still sometimes used in this sense in historical writings. The tribunal was the platform upon which the presiding authority sat; having

1407-579: Is permitted and not uncommon, self-representation is much more common in tribunals than in courts, and tribunal members and registry staff are generally more accustomed to dealing with self-represented parties than courts are. Appeal from a tribunal is to a court. Tribunals in the Australian judicial system include the following: Every state has a "supertribunal" that covers a wide range of administrative decisions and, in some cases, has civil jurisdiction. In several Australian states, tribunals function as

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1474-400: Is required to present all of its relevant evidence, including evidence that tends to negate the detainee's designation, to the tribunal. Unclassified summaries of relevant evidence may be provided to the detainee. The detainee's personal representative may view classified information and comment on it to the tribunal to aid in its determination but does not act as an advocate for the detainee. If

1541-711: The Armed Forces Tribunal Act, 2007 . Permanent Lok Adalat (PUS) is a law court (also known as People's Court) and special tribunal set up in some districts throughout the country. It has been established under the Legal Services Authorities Act, 1987 . In the Republic of Ireland , tribunal popularly refers to a public inquiry established under the Tribunals of Inquiry (Evidence) Act 1921 . The main difference between

1608-472: The Catholic Church , ecclesiastical courts are called tribunals. Tribunals are distinguished by grade, while proceedings are distinguished by instance; for example, an archdiocesan tribunal may hear a cause in the first instance if the cause is first brought before the archdiocesan tribunal. Or, if the cause was first heard before the diocesan tribunal and is now appealed to the archdiocesan tribunal,

1675-529: The Department of Defense responded by instituting Combatant Status Review Tribunals. Detainees were allowed to request witnesses. The Presidents of the Tribunals had the authority to rule whether those witnesses would be "relevant." If the president ruled a witness relevant, the Tribunals officers were to undertake good faith efforts to find the witnesses. On June 12, 2008 the Supreme Court ruled in

1742-697: The International Criminal Tribunal for Rwanda was a body specially constituted under international law ; in Great Britain , employment tribunals are bodies set up to hear specific employment disputes. In many but not all cases, tribunal implies a judicial or quasi-judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often-styled tribunals. Tribunal

1809-635: The Office for the Administrative Review of the Detention of Enemy Combatants . These non-public hearings were conducted as "a formal review of all the information related to a detainee to determine whether each person meets the criteria to be designated as an enemy combatant." The first CSRT hearings began in July 2004. Redacted transcripts of hearings for "high value detainees" were posted to

1876-467: The U.S. Court of Appeals for the D.C. Circuit . Emma Schwartz, in the U.S. News & World Report , on August 30, 2007, reported that her sources told her: "...   Up to one fourth of the department's own civil appellate staff has recently opted out of handling the government's cases against detainee appeals." Several amalgamated cases have been initiated in the DC Circuit Court. There

1943-774: The United States Congress moved to limit, and then curtail the detainees' ability to file habeas corpus appeals. The Supreme Court ruled on the outstanding habeas corpus appeals in Al Odah v. United States and Boumediene v. Bush (2008), discussed below. The Military Commission Act provides a process by which captives can appeal the decisions of the Combatant Status Review Tribunal and whether it properly followed OARDEC's rules in reaching its determination. If and when captives are able to file these appeals, they would be heard before

2010-651: The Alliance. Duran's mother asserted that he had four children. On January 21, 2009, the day he was inaugurated, United States President Barack Obama issued three Executive orders related to the detention of individuals in Guantanamo. That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back,

2077-553: The CSRT participants by administering an oath. Third, the Recorder was also charged with presenting classified and unclassified material during the CSRTs. Fourth, the Recorder was often asked to explain or clarify facts or information during the CSRT. In Guleed Hassan Ahmed's CSRT transcript one finds the following exchange: PRESIDENT:[The]Tribunal has completed its review of the unclassified evidence provided. We do have one question for

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2144-642: The Commissions of Inquiry Ordinance. There are tribunals for settling various administrative and tax-related disputes, including Central Administrative Tribunal, Income Tax Appellate Tribunal , Customs, Excise and Service Tax Appellate Tribunal , National Green Tribunal, Competition Appellate Tribunal and Securities Appellate Tribunal, among others. The National Company Law Tribunal is a quasi-judicial body in India that adjudicates issues relating to Indian companies . National Company Law Appellate Tribunal

2211-489: The Constitution of Bangladesh empowers the parliament to set up one or more administrative tribunals. No court can entertain any proceeding or make any order regarding any matter within such tribunal's jurisdiction. In the judicial system of Belgium , the names of the lower trial courts can be translated into English as "tribunals" ( Dutch : rechtbank , French : tribunal , German : gericht ). In comparison,

2278-511: The Department of Defense (DoD) website. As of October 30, 2007, fourteen CSRT transcripts were available on the DoD website. The Supreme Court of the United States found these tribunals to be unconstitutional in Boumediene v. Bush . The CSRTs are not bound by the rules of evidence that would apply in court, and the government's evidence is presumed to be "genuine and accurate." The government

2345-599: The Geneva Conventions protect from prosecution. The exact location of the current CSRT hearings is unknown, but prior CSRT hearings were held in trailers in Guantanamo Bay, Cuba. Images of the trailers, with the white, plastic chairs the detainees sat in shackled to the floor and the large, black leather chair behind a microphone where the President sat can be found on the DoD website. The identity of

2412-852: The Mombasa attacks in November 2003, in early 2003 by his AIAI cell leader. Duran was recruited to work for al-Sudani, in part, because he had trained in Afghanistan: spoke Arabic , English , some Swedish and Somali , and had a high-school education. According to the United States Director of National Intelligence , Duran was the head of the Mogadishu-based facilitation network of al-Itihaad al-Islamiya (AIAI) members that supported al-Qaeda members in Somalia . Duran

2479-576: The Netherlands, all sentences were delivered by a tribunal of seven schepenen , or magistrates, appointed by the local count. Such a tribunal was called a Vierschaar , so named for a rope—or cord—drawn ( schaar or scheren ) in a four-square dimension, wherein the judges sat on four benches. These benches were also positioned in a square, with the defendant standing in the middle. Towns had the Vierschaar privilege to hear disputes. The Vierschaar

2546-416: The Recorder. Is Somalia, Ethiopia, and/or Kenya a coalition partner? RECORDER: Somalia is not; Ethiopia is; and Kenya is, a coalition partner of the United States. Detainees had the option of attending their CSRTs, but attendance was not mandated. Some detainees protested the CSRTs by not attending, opting instead to send personal, written statements to be read before the CSRT in their absence. The reading of

2613-413: The U.S. Marine Corps and the U.S. Army; the only other rank mentioned in the transcript was Gunnery Sergeant. In other CSRTs, the ranks, services, and persons present varied. At certain CSRTs, a non-military language analyst was present. The CSRT Recorder had several tasks. First, he or she was charged with keeping a record of the CSRT process by recording the CSRT process. Second, the Recorder swore in all

2680-534: The allegations that kept them detained. Lawyers who volunteered to represent the detainees challenged various aspects of the legal basis of the Bush and Obama administrations policy on detainees in the war on terror . As a result of Rasul v. Bush , the US Supreme Court ruled that detainees needed to be provided with a mechanism whereby they could challenge the laws that kept them in detention. In July 2004

2747-585: The case Boumediene v. Bush , 5–4, that Guantanamo captives were entitled to access the US justice system. Justice Anthony Kennedy wrote in the majority opinion: The laws and Constitution are designed to survive, and remain in force, in extraordinary times. The Court also ruled that the Combatant Status Review Tribunals were "inadequate". Ruth Bader Ginsburg , Stephen Breyer , David Souter and John Paul Stevens joined Kennedy in

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2814-450: The case that the Supreme Court ruled on, said: The Supreme Court has finally brought an end to one of our nation's most egregious injustices. It has finally given the men held at Guantánamo the justice that they have long deserved. By granting the writ of habeas corpus , the Supreme Court recognizes a rule of law established hundreds of years ago and essential to American jurisprudence since our nation's founding. This six-year-long nightmare

2881-557: The equivalent of a small claims court . In the context of sport , "tribunal" frequently refers to the AFL Tribunal , the disciplinary body of the Australian Football League . In Bangladesh, tribunal refers to a court that serves some special purpose, of which Bangladesh has several. These have been set up to ensure speedy trial and reduce case congestion in the normal courts. Besides this, Article 117 of

2948-581: The higher appellate courts can be translated as "courts" ( Dutch : hof , French : cour , German : hof ). The Judiciary of Brazil officially names "tribunal" the appeal court and the ones above it, always with more than one judge. The higher court is the Supremo Tribunal Federal (Supreme Federal Court), followed by the superior tribunals ( Superior Tribunal de Justiça , Tribunal Superior Eleitoral , Tribunal Superior do Trabalho , Superior Tribunal Militar ). The federal justice

3015-653: The latter may hear the cause in the second instance. Only the Roman Rota can hear causes in the third instance, with limited exceptions. Other tribunals are incompetent in the third instance because of grade ( ratione gradus ) since they do not have the jurisdiction to judge in the third instance. Tribunals include: Tribunals also play an integral role in health sectors within and across nations. They are often referred to as "adjunctive tribunals". These quasi-judicial bodies possess regulatory, oversight, and dispute-resolution powers to aid health decision-making and governance. At

3082-442: The lawyers who function as tribunal members do so only part-time and spend the greater part of their time carrying out other aspects of legal practice, such as representing clients. In many cases, the formal rules of evidence that apply in courts do not apply in tribunals, which enables tribunals to hear forms of evidence that courts may not be allowed to consider. Tribunals generally deal with simpler matters; while legal representation

3149-586: The majority. Chief Justice John Roberts , in the dissenting opinion, called the CSR Tribunals: ... the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants. Samuel Alito , Clarence Thomas and Antonin Scalia joined Roberts in the dissent. Vincent Warren, executive director of the Center for Constitutional Rights , the organization that initiated

3216-534: The presence of outside, neutral observers at the CSRTs is debated. Murat Kurnaz is a young Turkish citizen who was born in, and had grown up, in Germany. When captured, he was close to being granted German citizenship, which children of guest workers are required to apply for in a separate process when they come of age. While on a trip to Pakistan in the fall of 2001, he was taken off a tourist bus and detained, then transferred to United States custody. When his case

3283-527: The presiding officers at CSRTs hearings is classified. In the CSRT transcripts released on the DoD website, that information has been removed from the transcripts. The ranks of those present, however, and their service branch remain in the documents. For example, at Guleed Hassan Ahmed 's CSRT in April 2007, the CSRT President was a Lieutenant Colonel from the U.S. Air Force. Other services present include

3350-504: The prior Secretary of the Navy Gordon England, The basis of detaining captured enemy combatants is not to punish but, rather, to prevent them from continuing to fight against the United States and its coalition partners in the ongoing global war on terrorism . Detention of captured enemy combatants is both allowed and accepted under international law of armed conflict. In a surprise move President George W. Bush announced

3417-405: The procedure is a sham; if a case like that can get through, what it means is that the merest scintilla of evidence against someone would carry the day for the government, even if there's a mountain of evidence on the other side. Principal arguments of why these tribunals are inadequate to warrant acceptance as "competent tribunal" are: Some specific cases that call attention to what critics assert

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3484-573: The protection of the present Convention until such time as their status has been determined by a competent tribunal.") This is most likely because, in Hamdi v. Rumsfeld , a plurality of the Supreme Court suggested the Department of Defense empanel tribunals similar to the AR 190 to make factual status determinations. The mandate of the CSRTs and the AR 190-8 Tribunals differed in that AR 190-8 Tribunals were authorized to determine that captives were civilians, who should be released, and " lawful combatants ", whom

3551-468: The same time, the actual effects of adjunctive tribunals on health services are disputed, as little evidence exists to evaluate their efficacy. More empirical evaluations are needed to ensure that tribunals operate in a more evidence-based, systematic manner within the health sector. Guleed Hassan Ahmed Guled Hassan Duran arrived at Guantanamo on September 6, 2006, and has been held there for 18 years, 2 months and 22 days. Duran

3618-409: The transfer of 14 "high-value detainees" from clandestine CIA custody to military custody in Guantanamo in the fall of 2006. Prior to the transfer legal critics had repeatedly stated that the men in covert CIA custody could never be tried because they had been subjected to abusive interrogation techniques, which would invalidate any evidence that flowed from their interrogations. Nevertheless, Bush said

3685-463: The transfer would allow the men, most of whom were considered to be members of the inner circle of al Qaeda's senior leadership, to be tried at Guantanamo Bay using the CSRT procedures. The Bush Presidency asserted that the captives had no right to appeal and that they were outside the US judicial systems. Captives who had " next friends " willing to initiate the habeas corpus process filed appeals before US District Courts. Rasul v. Bush (2004)

3752-412: The tribunal determines that the preponderance of the evidence is insufficient to support a continued designation as " enemy combatant " and its recommendation is approved through the chain of command established for that purpose, the detainee will be informed of that decision upon finalization of transportation arrangements (or earlier, if the task force commander deems it appropriate). The rules do not give

3819-482: The tribunals themselves are modeled after the procedures—AR 190-8 Tribunals—the military uses to make determinations in compliance with the Article 5 of the Third Geneva Convention (that states "Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy

3886-462: The virus as a justification to cut off contact even by video-conference and telephone. US District Court Judge Reggie Walton gave government officials thirty days to come up with a way for lawyers to contact their clients. Department of Justice lawyer Terry Henry claimed lawyers were still allowed to travel to Guantanamo. Duran's lawyer Wells Dixon responded by reminding Henry that lawyers arriving in Guantanamo would be required to go through

3953-521: Was a member of a small, selective group of AIAI members who worked for the East African al-Qaida cell led by Abu Talha al-Sudani . Duran's responsibilities included locating safehouses, assisting in the transfer of funds, and procuring weapons, explosives and other supplies. Duran was privy to several terrorist plots under consideration by his AIAI cell, including shooting down an Ethiopian jetliner landing at an airport in Somalia in 2003 and kidnapping Western NGO -workers in Hargeysa , Somalia, in 2002, as

4020-419: Was an al Qaeda member. Green's comment on the memo was that it: fails to provide significant details to support its conclusory allegations, does not reveal the sources for its information and is contradicted by other evidence in the record. Green stated that Kurnaz' case was an "extreme example of illegal detention" at Guantanamo. Eugene R. Fidell, a Washington-based expert in military law, said: It suggests

4087-418: Was born in Mogadishu , Somalia . When the Somali Civil War erupted in 1991, his parents sent him to Germany where he lived in a refugee camp . He traveled to Sweden and gained asylum there in 1993. In 1994, he attempted travel to the United States but was turned back in Iceland on account of his fraudulent passport. According to American counter-terrorism officials, while in Sweden, Duran attended

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4154-414: Was constituted under Section 410 of the Companies Act, 2013, for hearing appeals against National Company Law Tribunal orders, effective 1 June 2016. In several states, Food Safety Appellate Tribunals have been created to hear appeals against orders of adjudicating officers for food safety (additional deputy commissioners). Armed Forces Tribunal is a military tribunal in India. It was established under

4221-456: Was not until they had determined if a detainee was an enemy combatant that they could proceed to trials by military commissions . In Hamdan v. Rumsfeld (2006), the Court ruled that the system of military commissions as established by the DoD was illegal and needed to be replaced by a system authorized by Congress. Through the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 , in accordance with Bush administration goals,

4288-422: Was quoted as saying: "If my son is a terrorist, why isn't he charged accordingly in a court of law. I am calling on the Somali government and human rights groups to look at my son’s case.” Africa News reports Duran was captured by the Alliance for the Restoration of Peace and Counter-Terrorism , which was associated with the CIA . Africa News reports that Duran was one of dozens of captives apprehended by

4355-420: Was reviewed by a CSRT in the fall of 2004, the tribunal's determined there was enough evidence that Kurnaz had ties to terrorism to classify and hold him as an enemy combatant . Through a bureaucratic slip-up, Kurnaz's file was declassified. During the brief window when it was declassified in March 2005, The Washington Post reviewed all the evidence against him and published a summary. Joyce Hens Green ,

4422-478: Was the first appeal to make its way to the Supreme Court of the United States . The court ruled that detainees had the right to challenge the basis of their detention, and that the government needed to distinguish between POWs, civilians, and enemy combatants. To respond to the Court's ruling, the Bush administration established the Combatant Status Review Tribunals to review whether detainees were properly classified as enemy combatants and began reviews in 2004. It

4489-399: Was usually located in the town hall, and many historical town halls still have such a room, usually decorated with scenes from the Judgement of Solomon . The tribunal system of the United Kingdom is part of the national system of administrative justice . Though it has grown up on an ad hoc basis since the beginning of the twentieth century, from 2007, reforms were put in place to build

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