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Full text of "gov.uscourts.dcd.116163"

Case 1 :05-cv-01 458-UNA-AK Document 7-2 Filed 09/22/2005 Page 1 of 1 6 



SECOND DECLARATION OF FRANK SWEIGART 

I, Frank Sweigart, pursuant to 28 U.S.C. § 1746, hereby declare and say as follows: 

1 . I am the Deputy Director of the Office for the Administrative Review of the Detention 
of Enemy Combatants (OARDEC) at U.S. Naval Base Guantanamo Bay, Cuba. I have been in 
this position since June 2004. In this role I assist OARDEC s Director with all aspects of the 
mission of OARDEC, which is to conduct Combatant Status Review Tribunals (CSRTs) and 
Administrative Review Boards (ARBs). The purpose of the CSRTs is to review relevant and 
reasonably available information in the government's possession and conduct hearings on 
detainees under the control of the Department of Defense (DoD) at U.S. Naval Base Guantanamo 
Bay, Cuba, and to determine whether a detainee continues to meet the criteria for designation as 
an enemy combatant. The purpose of the ARBs is to review all relevant and reasonably 
available information on enemy combatants, conduct hearings, and make a recommendation to 
the Designated Civilian Official, currently the Secretary of the Navy, on whether an enemy 
combatant should continue to be detained because he is a threat to the United States or its allies 
or there are other factors bearing upon the need for continued detention such as law enforcement 
interest or intelligence value. 

2. This declaration is provided to update the status of the steps taken by the Department 
of Defense (DoD) to notify the detainees at U.S. Naval Base Guantanamo Bay, Cuba, of their 
right to challenge the legality of their detention by filing habeas corpus petitions in federal court, 
as described in the First Declaration of Frank Sweigart, executed on August 31, 2005. I make 
these statements based upon my personal knowledge and upon information made available to me 
in the performance of my official duties. 



Case 1 :05-cv-01 458-UNA-AK Document 7-2 Filed 09/22/2005 Page 2 of 1 6 

3. In December 2004, DoD began, on a rolling basis, to notify detainees who had been 
confirmed to be enemy combatants through the CSRT process that: the CSRT confirmed them to 
be enemy combatants; they were now eligible for consideration by an ARB to determine if they 
still pose a threat to the United States or its allies; and they could file a petition for writ of habeas 
corpus in federal court if they wanted to challenge the lawfulness of their detention. The 
notification tells the detainees that they have the option of asking a friend, family member, or 
lawyer to file a petition on their behalf. They are also provided with the address of the United 
States District Court for the District of Columbia in the event that they choose to submit a pro se 
habeas petition. See Exhibit A. CSRT proceedings concluded in March 2005. Every detainee 
confirmed to be an enemy combatant through the CSRT process and who is eligible for 
consideration by an ARB has received the notice described above. 

4. There are presently 14 detainees not eligible for consideration by an ARB because the 
President of the United States ordered them triable by Military Commission under the Military 
Order of November 13, 2001. Each of the 14 detainees has been informed that the CSRT 
determined him to be an enemy combatant and that he can challenge the lawfulness of his 
detention by filing a petition for a writ of habeas corpus in federal court if he wants to do so. 
These detainees likewise have been provided with the address of the United States District Court 
for the District of Columbia. See Exhibit B. 

5. DoD has also notified each detainee whom the CSRT has determined to no longer be 
an enemy combatant that he can file a petition for writ of habeas corpus in federal court if he 
wants to challenge the lawfulness of his detention. These detainees likewise have been provided 
with the address of the United States District Court for the District of Columbia. See Exhibit C. 



Case 1 :05-cv-01 458-UNA-AK Document 7-2 Filed 09/22/2005 Page 3 of 1 6 

6. DoD is aware of 55 pro se petitions written by detainees or, in the case of illiterate 
detainees, dictated by detainees to an Assisting Military Officer involved in the ARB process. 
All of these pro se petitions were processed pursuant to the military's standard review 
procedures for outgoing detainee mail, see Declaration of 1LT Wade M. Brown, executed March 
17, 2005 (attached hereto as Exhibit D), and were mailed to the District Court. 

7. As a result of discussions between DoD and the American Bar Association (ABA), the 
ABA has agreed to recruit volunteer counsel for pro se petitioners and other detainees who may 
desire representation. DoD has delivered to all pro se petitioners who are not already 
represented by counsel a notification which advises them that the ABA is willing to find them a 
lawyer to assist them with a petition for writ of habeas corpus. The notification provides the 
detainees with the address of the ABA and a form requesting representation that they may 
complete and mail directly to the ABA in the event that they choose to seek the assistance of 
counsel. See Exhibit E.° Each notification was translated into a language that the detainee can 
understand and delivered to that detainee as mail through the mail delivery system at 
Guantanamo Bay. If a detainee indicates that he is unable to read the notification, a guard (if the 
notification is in English) or translator (if the notification is not in English) will read the 
notification to that detainee. DoD will continue to deliver this notification in this manner, on an 
ongoing basis, to all pro se petitioners who are not already represented by counsel, and to other 
detainees who request the assistance of counsel. 

I declare under penalty of perjury that the foregoing is true and correct. 
Executed on /9 CW) 06 





'JUUA4A' 



fr 



vFR^NKSWEIG^ 
"Deputy Director, OARDEC 



Case 1:05-cv-01458-UNA-AK Document 7-2 Filed 09/22/2005 Page 4 of 16 



NOTIFICATIONS 

1 . A Combatant Status Review Tribunal (CSRT) has determined that.you are an enemy 
combatant. Because you are an enemy combatant, the United States may continue to detain 
you, 

2. An Administrative Review. Board (ARB). will now be held to determine whether you still pose • 
a threat to the United States or its allies. The ARB will consider all relevant and reasonably 
available Information. If the ARB decides you no longer pose a threat* you may be released 
from detention. 

3. You may attend the ARB proceeding and present information about yourself to ARB 
members. If you believe you do not pose a threat to the United States or its allies, we 
recommend you immediately gather any information that you believe will prove that you are no 
longer a threat and why you should be released from detention. 

4. The ARB will consider written statements from family members or other persons who can 
explain why you are no longer a threat. You may also present a written or oral statement at the 
ARB. Unlike the CSRT, witnesses are not allowed to testify during the ARB. An American 
officer (called an Assisting Military 'Officer}' will rt'elp you prepare your case if you want him to. 
You do not have to attend the ARB, and you do not have to say anything if you do attend. The 
ARB will be conducted whether or not you choose to attend. 

5. In addition, you have been notified that you may challenge your detention in a United States 
court. The following procedures are available if you want to challenge your detention In a U.S. 
court. 

6. You may ask a civilian Judge to look at the lawfulness of your detention through a process 
called a petition for a writ of habeas corpus. You may ask a friend or family member or a lawyer 
to fife such a petition with the court. If you do. not have a lawyer or a family member or friend 
who could file this petition for you, you may file your own petition. According to prior court 
rulings, petitions may be senno: - ,, Vi; : : 

United States District Court for the District of Columbia 
333 Constitution. Avenue; N.W. 
. Washington* DC 20001 

If you do not wish to fife a petition, you do not have to do so. However, a court will only consider 
your case if you file a petition. 

7. Please talk to your Assisting Military Officer if you have any questions about this notification. 
Your assigned Assisting Military Officer will meet with you later. 

Detainee ISN: Date: . 

Signature of Officer Serving Notice: , '. 



Printed Name of Officer Serving Notice: 



EXHIBIT A 



Case 1:05-cv-01458-UNA-AK Document 7-2 Filed 09/22/2005 Page 5 of 16 



NOTIFICATIONS 

1 . A Combatant Status Review Tribunal. (CSRT) has determined thalyou are an enemy 
combatant. Because you are an enemy combatant, the United States may continue to detain 
you. 

2. In addition, you have been notified that you may challenge the lawfulness of your detention 
in a United States court. The following procedures are available If you want to challenge your 
detention in a U.S. court. 

3. You may ask a civilian judge to look at the lawfulness of your detention through a process 
called a petition for a writ of habeas corpus. You may ask a friend or family member or a lawyer 
to file such a petition with the court, if you do not. have a lawyer or a family member or friend 
who could file this petition for you, you may file your own petition. According to prior court 
rulings, petitions should be sent to: " 4 

United States. District Court for the District of Columbia 

333 Constitution Avenue, N.W. 

Washington, DC 20001 

If you do not wish to file a petition, you do not have to do so. However, a court will only consider 
your case if you file a petition. 



Detainee ISN: [ Date: 

Signature of Officer Serving Notice: ' 



Printed Name of Officer Serving Notice: 



EXHIBIT B 



Case 1:05-cv-01458-UNA-AK Document 7-2 Filed 09/22/2005 Page 6 of 16 



NOTIFICATION 

1 . You have been notified previously that you may challenge your detention in a United 
States court. The following procedures are available if you want to challenge your 
detention in a U.S. court. 

2. You may ask a civilian judge to look at the lawfulness of your detention through a 
process called a petition for a writ of habeas corpus. You may ask a friend or family 
member or a lawyer to file such a petition with the court. If you do not have a lawyer or 
a family member or friend who could file this petition for you, you may file your own 
petition. According to prior court rulings, petitions should be sent to: 

United States District Court for the District of Columbia 

333 Constitution Avenue, N.W. 

Washington, DC 20001 

If you do not wish to file a petition, you do not have to do so. However, a court will only 
consider your case if you file a petition or if one is filed by a lawyer, friend or family 
member on your behalf. 



Detainee ISN: Date: 



Signature of Officer Serving Notice: 



Printed Name of Officer Serving Notice: 



EXHIBIT C 



Case 1:05-cv-01458-UNA-AK Document 7-2 Filed 09/22/2005 Page 7 of 16 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 

) 
JOHN DOES 1-570, . ) 

Unidentified Detainees ) 

Guantanamo Bay Naval Station ) 

Guantanamo Bay, Cuba, ) 

) 
Petitioners, ) 



1 

) Civil Action No. Q5-CV-0313 (CKK) 



) 
GEORGE W. BUSH, ) 

President of the United States, et at, ) 

)■ 
Respondents. ) 

_: - ) 



DECLARATION OF 1LT WADE ML BROWN 
I, Wade M. Brown, pursuant to 28 U.S.C § 1746, hereby declare and say as follows: 

1 . I am a First Lieutenant in the New Jersey Army National Guard and am currently 
serving as the Officer in Charge (OIC) of the S-2 Section within the Joint Detention Operations. . 
Group at Guantanamo Bay, Cuba. I have held this position since October 2004. Prior to 
becoming OIC, I was the Assistant OIC .from My 2004 through September 2004. In both of 
these positions, part of my responsibilities are to report directly to the JTF and JDOG 
Commanders on all issues related to Detainee Mail operations, to include the proper handling 
and processing of mail sent to and from detainees, processing times, force protection screening 
and redaction. I oversee the 15 individuals in the screening and processing units and work in the 
same building as such. The following statements provide a general overview of the mail 
privileges available to these detainees at Guantanamo Bay. I make these statements based upon 



EXHIBIT D 



. Case 1:05-cv-01458-UNA-AK Document 7-2 Filed 09/22/2005 Page 8 of 1.6 

my personal knowledge and upon information made available to me in the performance of my 
official duties. 

2, Each individual detained by the Department of Defense at Guantanamo Bay is given 
the opportunity to send and receive mail; Detainees cannot lose mail privileges for any reason, 
including as part of disciplinary action or interrogation. However, some detainees have 
affirmatively refused to send or receive any mail Also, in rare cases, pens are temporarily 
removed from some detainees when appropriate members of the detainee medical care staff 
determine the detainee may use the pen to inflict self-harm. 

3. In the six-month period from September 2004 through February 2005, the mail 
processing unit processed approximately 14,000 pieces of mail sent to or by detainees at 
Guantanamo Bay. 

4, There are two methods for detainees to send and receive mail — through the mail 
delivery and collection system administered by the United States Military; or through the 
International Committee for the Red Cross ("ICRC"). Legal mail between habeas counsel and 
the detainees- is not; processed through either of these two methods,, instead that mail, is handled 
under the procedures set forth in the federal court order that covers the habeas cases. 

5. The Military provides each detainee with two sheets of stationery, four postcards, and 
six envelopes per month. SeeExhibit A. Each detainee is also provided, with a soft pen, 
although certain detainees are not pennitted to keep the pens in their cells for security reasons. 
These detainees .are provided with pens only during the times when they are writing letters. 
Military officers collect and deliver mail from the detainees approximately six times per month. 
After mail is collected from the detainees, it is taken to a processing unit. At the processing unit, 



EXHIBIT D 



Case 1:05-cv-01458-UNA-AK Document 7-2 Filed 09/22/2005 Page 9 of 16 

each piece of mail is translated into English if necessary, screened for inappropriate materials 
and redacted accordingly, and placed in a tX,S, Postal Service receptacle affixed with the 
required, postage. This entire process takes approximately fourteen days on average. The 
processing unit clears approximately 75 pieces of mail each day. Mail that is sent to a detainee 
must also be cleared through the processing unit and stamped "Approved by U.S. Forces" before 
it can be delivered to the detainee to whom it is addressed. Incoming mail is also typically 
processed, within fourteen days on average. 

6, The ICRC also facilitates the delivery of detainee mail to and from Guantanamo Bay. 
The ICRC pays approximately four, visits each year to the detainees for approximately 5-6 weeks 
per visit. The ICRC provides its own stationery and envelopes to the detainees (although 
detainees are still required to use Military-issued pens), collects the mail from the detainees, and 
delivers it to the processing unit After the mail is cleared by the processing unit, it is returned to 
the ICRC, who delivers it to the intended recipients. The ICRC also collects mail from outside 
Guantanamo Bay and delivers the mail directly to the detainees after it is cleared through the 
processing unit. 

I declare under penalty of perjury that the foregoing is true and correct 

Executed on March 17, 2005. 

'(K \ 

li 1 /If \ 

h 




Wade mTbro'wEl^ 7 ' 

First lieutenant, NJARNG 




/t/ — ^ 



EXHIBIT D 



Case 1 :05-cv-01 458-UlslA-AK Document 7-2 Filed 09/22/2005 Page 1 of 1 6 



EXHIBIT A 



EXHIBIT D 



Case 1 :05-cv-01 458-UNA-AK Document 7-2 . Filed 09/22/2005 Page 1 1 of 1 6 



JO SUTBjg 



MAIL 



LETTER 






Language.. 
To 



-City_ 



.Country., 



^Province ©r Department . 



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DO NOT WRITE HERE 






t>A FOBM2tB67ifl,li&vg2 



EDITION OF 1 iVtai IS'.OBSOLETE. 






EXHIBIT D 



Case 1 :05-cv-01 458-UNA-AK Document 7-2 . Filed 09/22/2005. Page. 1 2 of 1 6 



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Mevcrse. of DA FOSM 2667-R, May 82 

EXHIBIT D 



Case 1:05-cv-01458-UNA-AK Document 7-2 Filed 09/22/2005 Page 13 of 16 



DETAINEE - 
CAMP DELTA 
Washington, DC 20353 

USA 



SENDER 



NAME (Last, first. Ml) 



INTERNMENT SERAL NUMBER 



DATE AND PLACE OF B|RTH 



NAME OF CAMP 



COUNTRY WHERE POSTED 



TO: 



STREET 



CITY 



COUNTRY 



PROVINCE OR DEPARTMENT 



I DA FORM 2668, JAN 2004 ' Replaces DA Form 2668-R, May 1982, which is apd vi.oi 






POST CARD 

For. use of this form, see AR 1 90-8; the proponent agency is PMG. 



LANGUAGE 



DATE 



POWER SERVED 



WRITE BETWEEN LINES AND AS LEGIBL Y AS POSSIBLE 



DA FORM 2668, JAN 2004 



APD V1.01 



EXHIBIT D 



Case1:05-cv-01.458-UNA-AK Document 7-2 Filed 09/22/2005 Page 14 of 16 






5 '■'• *" 

EeJ fe3 : :P 
£ ©V-WD- ■ 

W *<*£ 25 
« U > '-P 



EXHIBIT D 



Case 1 :05-cv-01 458-UNA-AK Document 7-2 Filed 09/22/2005 Page 1 5 of 1 6 



NOTIFICATION 

1 . You have been notified previously that you may challenge your 
detention in a United States court by asking a civilian judge to look at 
the lawfulness of your detention through a process called a petition 
for writ of habeas corpus. You were told that such a petition could be 
filed for you, or you could ask a family member, friend, or lawyer to 
file one for you. 

2. Should you desire the assistance of a lawyer in filing a petition 
or in helping with a petition you have already sent on your own to the 
court, the American Bar Association, the world's largest association 
of lawyers, will find an experienced, independent civilian lawyer to 
help you without any fee or payment. The lawyer they find will 
represent your interests and will zealously assert your case before 
the civilian court. 

3. If you would like the assistance of such a lawyer, you can fill out 
the attached form and send it to the following address: 

Robert D. Evans, Esquire 
American Bar Association 

740.15th Street, N.W. 
Washington, D.C. 20005 

Arrangements will then be made for the lawyer to consult with you 
and represent your interests in the civilian court. The lawyer's job will 
be to assist you. The lawyer will not work for the military or the 
government. 

4. If you are unable to write, you will receive assistance in filling 
out the form. Your words will be put on the form. 



EXHIBIT E 



Case1:05-cv-01458-UNA-AK Document 7-2 Filed 09/22/2005 Page 16 of 16 



I, [ , wish to 

(write name) 

have a civilian lawyer represent me and assist me with a Petition for 

Writ of Habeas Corpus in the civilian courts of the United States. I 

request that the American Bar Association find a lawyer who will 

represent my best interests. 

I am a citizen of the country of 



I speak the following language(s): 



Signed: 



Date: 



(sign name) 



EXHIBIT E