Periodic Review of Individuals Detained at Guantánamo Bay Naval Station
Mar 10, 2011
Signed by: Barack Obama
Signed on: Mar 7, 2011
Published on: Mar 10, 2011
Mar 10, 2011
Signed by: Barack Obama
Signed on: Mar 7, 2011
Published on: Mar 10, 2011
Summary
Sets up a regular review system to decide if people held at Guantánamo Bay should continue to be detained based on national security risks.
What problem does this solve?
Some individuals were held at Guantánamo Bay for a long time without a clear process to review their cases. This order creates a formal system to regularly check if their continued detention is necessary for U.S. security.
What does this order do?
Establishes a periodic review process
Creates a system to regularly review the cases of certain individuals held at Guantánamo Bay to see if they should still be detained.
Defines the standard for continued detention
States that a person can continue to be held only if it is necessary to protect against a "significant threat to the security of the United States."
Creates the Periodic Review Board (PRB)
Forms a board with officials from six different departments and offices to conduct the reviews.
Grants rights to detainees in hearings
Gives detainees the right to a government representative, to present statements and evidence, and to call witnesses during their review hearings.
Sets a schedule for reviews
Requires an initial review within one year, a full review every three years, and a file review every six months for each detainee.
Outlines the process for transfer
If the board decides detention is no longer needed, the Secretaries of State and Defense must work to find a suitable country to transfer the person to.
Reference
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Continuing Obligation of the Departments of Justice and Defense to Assess Feasibil
Requires ongoing assessment for prosecution
The Attorney General and Secretary of Defense must continuously check if it's possible to prosecute any detainee designated for continued detention.
Who does this affect?
- Individuals detained at Guantánamo Bay
- U.S. military and intelligence agencies
- Federal court system
What is the real world impact?
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Formalizes the detention review process
Creates a clear, repeatable procedure for evaluating whether detainees still pose a threat, replacing a less structured system. This adds predictability and consistency to detention decisions.
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Balances security with individual rights
Aims to ensure that long-term detention is justified by a real security threat, while giving detainees a chance to have their case heard. It acknowledges legal rights like habeas corpus.
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Addresses international criticism
The indefinite detention of individuals at Guantánamo Bay has drawn criticism from other countries and human rights groups. This order establishes a process that can be shown as a step towards resolving these cases.
When does this start?
This order takes effect on March 7, 2011, and sets up several deadlines for reviewing detainee cases.
Initial detainee reviews
The first review for each detainee must begin no later than one year from the date of the order, which is March 7, 2012.
Subsequent full reviews
After the initial review, a full review with a hearing must happen for each detainee every three years.
Interim file reviews
In the years between full reviews, a review of the detainee's file must be conducted every six months.
Review of board decisions
A member of the Review Committee has 30 days after a PRB decision to ask for a higher-level review of that decision.