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Better Late than Never: Periodic Review Boards Finally (Re)Starting at GTMO

Robert Chesney
Sunday, July 21, 2013, 10:19 PM
Well, it is not exactly being launched with fanfare, but it appears that the long-awaited Periodic Review Board (PRB) process is about to be relaunched at GTMO.  So reports Carol Rosenberg, here. Let me say first that this is a very welcome development, albeit one that was too slow in coming (here is Ben asking about the PRBs back in October, res

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Well, it is not exactly being launched with fanfare, but it appears that the long-awaited Periodic Review Board (PRB) process is about to be relaunched at GTMO.  So reports Carol Rosenberg, here. Let me say first that this is a very welcome development, albeit one that was too slow in coming (here is Ben asking about the PRBs back in October, restating Jack's inquiry about them from still-earlier).  I have not yet seen any formal description of the detailed procedures of the PRB process, however, so I'm reluctant to say much more than this.  I'll close simply by reminding everyone that this is not the first time that there has been a review procedure of this specific kind at GTMO.  We are talking here about annual administrative reconsideration as to whether it remains in the security interests of the United States to continue to detain an individual, not reconsideration of whether the person was eligible for detention in the first place. The latter takes place in federal court through the habeas process.  The former began at GTMO in 2004 under the heading Administrative Review Board (ARB).  In recent years, a combination of factors (most notably, Congressional action making it very difficult to release detainees from GTMO other than pursuant to court order, but also disagreement over which agencies should have a voice in the review process) has caused extended delay in relaunching the ARB system as PRBs.  Now the moment has arrived despite all that.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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