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On the Introduction of the Guantanamo Detainees Procedures Act of 2005

CONGRESSMAN ADAM B. SCHIFF
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 23, 2005

Mr. SCHIFF.  Mr. Speaker, I rise today to introduce the Guantanamo Detainees Procedures Act of 2005.  As the war on terrorism continues and more suspected terrorists are likely to be arrested, Congress must ensure that justice is delivered swiftly and responsibly in order to punish terrorists, prevent future attacks, and ensure swift and just processing of those detained. 

Over 500 detainees are currently being held in Guantanamo Bay, most of them captured in Afghanistan after the U.S.-led invasion in 2001.  Some detainees have been there for more than three years without being charged.  These individuals should be tried or released.    

Congress must provide for the swift and deliberate processing and prosecution of detainees in a manner that appropriately balances the country’s national security needs with the country’s due process interests.  The Guantanamo Detainees Procedures Act of 2005 is drafted with this goal in mind. 

  • Specifically, the legislation does the following: 
    Provides that the executive branch has the authority to detain foreign nationals as unlawful combatants.
  • Provides a timely hearing before an independent military officer to challenge their designation as an unlawful combatant.
  • Requires release/repatriation or initiation of formal charges within two years
  • Provides a limited extension if the Secretary of State certifies that the individual remains a national security threat and is likely to undertake terrorist acts against the U.S. and that repatriation of the detainee or the commencement of formal charges will compromise the national security of the U.S. by curtailing intelligence gathering, jeopardize intelligence sources necessary to prosecute the detainee, or other extraordinary circumstances justify the delay.
  • Requires the establishment of tribunals with clear standards and procedures designed to ensure a full and fair hearing for the detainee when formal charges are initiated.
  • Requires annual reports to Congress on the status of all detainees.

Mr. Speaker, in sum, the Guantanamo Detainees Procedures Act of 2005 will provide an expeditious procedure for processing and prosecuting terrorists and will also ensure that the hallmark of our democracy – justice for all – is not compromised.


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