Seton Hall reports
Encyclopedia
Seton Hall report refers to several studies into the handling of detainees taken to Guantánamo Bay
Guantanamo Bay Naval Base
Guantanamo Bay Naval Base is located on of land and water at Guantánamo Bay, Cuba which the United States leased for use as a coaling station following the Cuban-American Treaty of 1903. The base is located on the shore of Guantánamo Bay at the southeastern end of Cuba. It is the oldest overseas...

 done by professor Mark P. Denbeaux of the Seton Hall University School of Law
Seton Hall University School of Law
The Seton Hall University School of Law is part of Seton Hall University, and is located in downtown Newark, New Jersey. Seton Hall Law School is the only private law school in New Jersey, and is the top-ranked of the three law schools in the state...

, and some of his law students.

Denbeaux and his son, Joshua Denbeaux, are legal representatives for detainees Rafiq Bin Bashir Bin Jalud Al Hami
Rafiq Bin Bashir Bin Jalud Al Hami
The following primary factors favor release or transfer-Second annual Administrative Review Board hearing in 2006:A Summary of Evidence memo was prepared for his second annual Administrative Review Board on 27 January 2006....

 and Mohammed Abdul Rahman.

Studies

The titles of these studies are:
Report on Guantanamo Detainees: A Profile of 517 Detainees through Analysis of Department of Defense Data February 8, 2006
  • Based on the Summary of Evidence memos
    Summary of Evidence (CSRT)
    Counter-terrorism analysts prepared a Summary of Evidence memo for the Combatant Status Review Tribunals of the 558 captives who remained in the Guantanamo Bay detention camps, in Cuba in the fall of 2004.-The 2005 release:...

     prepared for 517 Guantanamo captives' Combatant Status Review Tribunal
    Combatant Status Review Tribunal
    The Combatant Status Review Tribunals 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...

    s, first published in the Winter and Spring of 2005.
  • Asserted that very few Guantanamo captives were captured by Americans, on a battlefield, that most were captured by bounty hunter
    Bounty hunter
    A bounty hunter captures fugitives for a monetary reward . Other names, mainly used in the United States, include bail enforcement agent and fugitive recovery agent.-Laws in the U.S.:...

    s, or Pakistan
    Pakistan
    Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

    i border guards.
Second Report on the Guantanamo Detainees: Inter- and Intra-Departmental Disagreements About Who Is Our Enemy March 20, 2006
  • Based on the Summary of Evidence memos
    Summary of Evidence (CSRT)
    Counter-terrorism analysts prepared a Summary of Evidence memo for the Combatant Status Review Tribunals of the 558 captives who remained in the Guantanamo Bay detention camps, in Cuba in the fall of 2004.-The 2005 release:...

     prepared for 517 Guantanamo captives' Combatant Status Review Tribunal
    Combatant Status Review Tribunal
    The Combatant Status Review Tribunals 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...

    s, first published in the Winter and Spring of 2005.
  • Asserted that the allegations used to justify many of the captives' continued detention were based on alleged associations with organizations that were not on any of the USA's public lists of organizations suspected of ties to terrorism.
  • Concluded either that the public lists, like the "no-fly lists", were letting in individuals in to the USA who had meaningful ties to terrorism, or that the organizations used to justify detention did not really establish a meaningful tie to terrorism.
  • The Guantanamo Detainees During Detention Data from Department of Defense Records July 10, 2006
  • This report summarizes the Department of Defense's reports of how many "hanging incidents" and "self-harm" incidents captives initiated, and how many times captives were cited for infractions of the camp rules.
  • June 10th Suicides at Guantanamo August 21, 2006
  • Described discrepancies in the public record of the first reported suicides in Guantanamo.
  • No-Hearing Hearings
    No-hearing hearings
    No-hearing hearings is the title of a study published by Professor Mark P. Denbeaux of the Seton Hall University School of Law, his son Joshua Denbeaux, and some of his law students, on October 17, 2006....

     November 17, 2006
  • Analyzed how well the Combatant Status Review Tribunals complied with their own rules and the rule of law.
  • Was the first study to document that new Tribunals were routinely convened to reverse the determinations of Tribunals that ruled captives had not been "enemy combatant
    Enemy combatant
    Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...

    s" in the first place.
  • Described incidents where Tribunals broke their own rules.
  • The 14 Myths of Guantánamo: Senate Armed Services Committee Statement of Mark P. Denbeaux. Professor Mark P. Denbeaux testified before the Senate Armed Services Committee April 26, 2007
    The Empty Battlefield and the Thirteenth Criterion November 8, 2007
  • Students at the West Point Military Academy published an analysis of the documents the Department of Defense published about the captives. This document is a commentary on the West Point report.
  • The Meaning of "Battlefield": An Analysis of the Government’s Representations of ‘Battlefield Capture’ and ‘Recidivism’ of the Guantánamo Detainees (12/10/07) Professor Denbeaux's Testimony before the Senate Judiciary Committee
    United States Senate Committee on the Judiciary
    The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...

     on C-SPAN
    C-SPAN
    C-SPAN , an acronym for Cable-Satellite Public Affairs Network, is an American cable television network that offers coverage of federal government proceedings and other public affairs programming via its three television channels , one radio station and a group of websites that provide streaming...

     
    Captured on Tape: Interrogation and Videotaping of Detainees in Guantánamo February 7, 2008
  • Asserts that, contrary to the protestations of Bush administration spokesmen the published record shows that all of the 24,000 interrogations conducted at Guantanamo were video-taped, and that analysts prepared extensive notes.
  • Justice Scalia, the Department of Defense, and The Perpetuation of an Urban Legend: The Truth about Recidivism of Released Guantánamo Detainees June 16, 2008
  • Examines the dissenting arguments of United States Supreme Court Justice Antonin Scalia
    Antonin Scalia
    Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...

     in its ruling in Boumediene v. Bush
    Boumediene v. Bush
    Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...

    .
  • Argues that Scalia was repeating "urban legend
    Urban legend
    An urban legend, urban myth, urban tale, or contemporary legend, is a form of modern folklore consisting of stories that may or may not have been believed by their tellers to be true...

    s" when he claimed over thirty former Guantanamo captives had "returned to the battlefield" following their release.
  • Profile of Released Guantánamo Detaines: The Government's Story Then and Now August 4, 2008
  • This report concludes that the release of captives has depended on their nationality, not on an assessment as to whether they represented a security risk.
  • Released Guantánamo Detainees and the Department of Defense: propaganda by the numbers? January 15, 2009
  • This report challenges the assertions of Department of Defense spokesmen that an increasing number of former Guantanamo captives have "returned to supporting terrorism".
  • Torture: Who knew -- An Analysis of the FBI and Department of Defense Reactions to Harsh Interrogation Methods at Guantánamo
  • Citing FBI accounts this report concludes that the various generals assigned to investigate reports of torture at Guantanamo failed to look in the observations filed by FBI agents of what they observed.

  • A Profile of 517 Detainees through Analysis of Department of Defense Data

    The Denbeaux study was a study led by Professor Mark Denbeaux
    Mark Denbeaux
    Mark P. Denbeaux is a law professor at Seton Hall University School of Law, Director of the Center for Policy and Research at Seton Hall Law School, author of a standard law text, and practicing attorney of counsel in the family law firm of Denbeaux & Denbeaux.Denbeaux served as senior attorney in...

     of Seton Hall University.
    Denbeaux and his son Joshua Denbeaux, an attorney for two Guantánamo detainees, oversaw a statistical analysis of the unclassified information about the
    Guantánamo Bay detainees.
    Some of Denbeaux's students analyzed:
    1. Where the documents said the detainees were captured.
    2. Who the documents said captured the detainees.
    3. The relationship the documents alleged existed between the detainee and al Qaeda.
    4. The relationship the documents alleged existed between the detainee and the Taliban.


    An article in the Village Voice reported:
    An editorial by the BBC's
    BBC
    The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...

     John Simpson summarized the study concluding that:
    • 92% of the Guantanamo detainees had not been al-Qaeda fighters.
    • only 5% of the Guantanamo detainees were captured by the Americans themselves.
    • 440 of 517 detainees appeared to have been captured by bounty hunters, in return for a $5,000 reward.


    The study itself reveals that those 92% who are not al-Qaeda fighters were deemed to be either other al-Qaeda members or Taliban or members of other affiliated hostile groups. Of these other affiliated groups, the study's authors express surprise in a second report that some of these groups are not listed in federal no-fly lists.
    Contrary to Simpson's reading, the study does not indicate how many detainees were captured by bounty hunters. It merely refers to the detainees captured by non-U.S. forces "at a time in which the United States offered large bounties for capture of suspected enemies."

    The Denbeaux's primary sources did not include data on actual bounties. One example of a bounty was given in the references: that of Salim Hamdan, who was known to have worked directly for Osama Bin Laden
    Osama bin Laden
    Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...

    . The reference comes from an article in the New York Times Magazine.

    The study says:
    The authors are the legal representatives of Guantánamo Bay detainees Rafiq Bin Bashir Bin Jalud Al Hami
    Rafiq Bin Bashir Bin Jalud Al Hami
    The following primary factors favor release or transfer-Second annual Administrative Review Board hearing in 2006:A Summary of Evidence memo was prepared for his second annual Administrative Review Board on 27 January 2006....

     and Mohammed Abdul Rahman

    Major
    Major
    Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...

    Michael Shavers, a Pentagon spokesman, called the study "flawed because its authors didn't have access to classified evidence."
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