Periodic Review Boards

On March 7, 2011, United States President Barack Obama issued Executive Order 13567, which established Periodic Review Board, to review which Guantanamo captives could be cleared for release..

Background

From July 31, 2004 through January 21, 2009, controversial reviews were conducted by the Office for the Administrative Review of Detained Enemy Combatants (OARDEC).

On January 22, 2009, Obama issued several Executive Orders changing elements of George W. Bush Presidency policy on captives -- including closing down OARDEC, and setting up a new review process, that called upon officials from a variety of US agencies, including the FBI and State Department. This differed from OARDEC, which only employed military officers.

The Obama Presidency's Joint Task Force reviews classed the captives into three groups -- (1) those who could safely be released or transferred to the custody of another nation; (2) those for whom there was sufficent evidence, untainted by torture, for them to face war crimes charges under US jurisdiction; (3) those who were not safe to release or transfer, but for whom there was insufficient evidence to lay charges.

When the Periodic Review Boards were authorized Guantanamo held 173 captives. Approximately 80 were in the group the Joint Task Force had cleared for release or transfer. Approximately three dozen were anticipated to face charges. Only the remaining sixty captives will have their status reviewed by the Periodic Review Boards. When it recommends release or transfer those mens status will no longer be reviewed. If the Prosecutors decide there was not, after all, sufficient evidence to charge a captive, he will be added to the list of captives whose status should be periodically reviewed.