WASHINGTON, DC – Members of Congress, the Senate, and legal experts on both sides of the aisle agree that a legal framework to process detainees at Guantanamo Bay is past due. Today Congressman Adam Schiff introduced the first comprehensive bill to achieve this goal. The legislation will:
- Provide that the executive branch has the authority to detain foreign nationals as unlawful combatants
- Provide a timely hearing before an independent military officer to challenge their designation as an unlawful combatant
- Require release/repatriation or initiation of formal charges within two years, unless the Secretary of State certifies that extraordinary circumstances requires additional time and sets out a factual basis for this decision.
- Require 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
“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,” said Schiff.
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.
Congressman Schiff is a leader in the development of legal policy during the war on terrorism. He first introduced legislation setting out the rules for military tribunals over three years ago, an in March he reintroduced the “Detention of Enemy Combatants Act,” a bill that provides access to legal counsel and judicial review for U.S. citizens and residents detained as enemy combatants. In the 108th Congress, Schiff authored a measure that would require the Attorney General to disclose the number of citizens and residents detained and the standards used to designate individuals as enemy combatants. This passed the House as part of the Justice Department Authorization Bill.
Congressman Schiff is the co-founder of the Democratic Study Group on National Security and a member of both the House Judiciary and International Relations committees. He represents California’s 29th Congressional District, which includes the communities of Alhambra, Altadena, Burbank, East Pasadena, East San Gabriel, Glendale, Monterey Park, Pasadena, San Gabriel, South Pasadena and Temple City.
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