The Role of the Personal Representative (“PR”) Before the Detainee Review Board: The Detainee’s “Counsel”

Various detainee review processes have been established in Afghanistan since the commencement of U.S. military operations. In January 2010, Joint Task Force (“JTF”) 435 assumed control of the Detainee Review Boards (“DRBs”) and all detention procedures in Afghanistan.[i] Under JTF 435, substantial changes were made to afford detainees greater rights during the DRB process, which is an administrative hearing.[ii] These improvements include the right of a detainee to the assistance of a Personal Representative (“PR”) before and during his DRB.

PRs <Read More>


Detainee Review Boards and U.S. Criminal Law: A Comparative View

The earliest U.S. detention operations in Afghanistan began in November 2001.[i] Largely restricted to temporary installations managed by members of the Afghan Northern Alliance[ii] working in concert with U.S. Special Forces, detention centers remained decentralized until the Bagram Collection Point (BCP) came into use by May 2002.[iii] Soon after the BCP became the primary detention site in Afghanistan, the first detainee review practices were developed. Throughout numerous iterations these practices, currently known as Detainee Review Boards (DRBs), have been modified <Read More>


Detention Process

Please click on the chart below for an expanded pdf image.

Sources:

Jeff Bovarnick, Detainee Review Boards in Afghanistan: From Strategic Liability to Legitimacy, 2010 Army Law. 9, 15, available at http://www.loc.gov/rr/frd/Military_Law/pdf/06-2010.pdf.

For the most current unclassified documentation of the DRB Procedures, see Letter from Mr. Phillip Carter, Deputy Assistant Secretary of Defense for Detainee Policy, to Senator Carl Levin, Chairman of the Senate Armed Services Committee (July 14, 2010), available at http://www.wcl.american.edu/nimj/documents/addendum.pdf?rd=1 (including the six-page 2 July 2009 Detainee Review Procedures enclosure).

Andrea <Read More>