Source:
Washington PostAn Ex-Member Calls Detainee Panels Unfair
Lawyer Tells of Flawed 'Combatant' Rulings
By Carol D. Leonnig and Josh White
Washington Post Staff Writers
Saturday, June 23, 2007; A03
A military officer and former member of a Pentagon unit that decided to indefinitely imprison some detainees from Afghanistan and Iraq has said in a sworn affidavit that the process of reviewing their cases was "fundamentally flawed" and that the results were influenced by pressure from superiors rather than based on concrete evidence.
Stephen Abraham, a lieutenant colonel in the Army Reserve and a lawyer, said the military placed too much weight on unsubstantiated statements by intelligence agencies in deciding that the detainees were enemy combatants, according to his affidavit. That conclusion meant that the detainees could be kept in a prison in Guantanamo as long as the U.S. military wished.
Abraham, who helped review government intelligence about detainees in 2004 and 2005 and served on a Combatant Status Review Tribunal, is the first person who played such a role to publicly challenge the fairness of the reviews. He said in an interview yesterday that he felt compelled to disclose his misgivings after reading public claims about the fairness of the process made by Rear Adm. James M. McGarrah, who oversaw it.
His affidavit was widely passed around yesterday among lawyers for about 375 foreign detainees at the U.S. military prison in Guantanamo Bay, Cuba. Several said they will present it to a federal appeals court as evidence that the military review process is constitutionally flawed.
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http://www.washingtonpost.com/wp-dyn/content/article/2007/06/22/AR2007062202230_pf.html