Arlen Specter: “The inherent lack of fairness of the CSRT's [Combat Status Review Tribunal's] consideration of classified information…”

“The inherent lack of fairness of the CSRT's [Combat Status Review Tribunal's] consideration of classified information not disclosed to the detainees is perhaps most vividly illustrated in the following unclassified colloquy, which, though taken from a case not precisely before this judge, exemplifies the practice and severe disadvantages faced by all Guantanamo prisoners. In reading a list of allegations forming the basis for the detention, Mustafa Ait Idir, a petitioner in Boumediene--which is the case that went to the court of appeals; this is the case which they decided and upheld the procedures of the Combat Status Review Tribunal--Judge Green goes on to say: The Recorder of the CSRT asserted: ``While living in Bosnia, the detainee associated with a known al-Qaida operative.'' In response the following exchange occurred. Detainee: Give me his name. Tribunal President: I do not know. Detainee: How can I respond to this? And then the detainee later says: I asked the interrogators to tell me who this person was.…”