OARDEC: Evaluations, administration and recomendations

Over the course of the near future the world’s eyes will intermittently turn its attention to Guantanamo Bay, Cuba and the historic military commissions of detained enemy combatants. However, before any trial may begin, there are countless hours of hard work by numerous organizations involved with the detainees.

The Office for the Administrative Review of the Detention of Enemy Combatants is right at the heart of the detention process. “We conduct tribunals and administrative review boards determining enemy combatant and threat status on detainees held in Guantanamo Bay in support of Operation Enduring Freedom,” said Navy Capt. Ken Garber, officer in charge of OARDEC-Forward here.

OARDEC stood up May 11, 2004. The Deputy Secretary of Defense, the Honorable Gordon England, established OARDEC to provide ARBs for detainees held by Joint Task Force Guantanamo. England was appointed as the designated civilian official with the responsibility of determining whether to release, transfer or continue to detain detainees. OARDEC makes recommendations to England.

On June 28, 2004, the U.S. Supreme Court recommended a military tribunal to determine enemy combatant status based on the ruling held in Hamdi v. Rumsfeld that standards of due process for people being detained would be met by notification and an opportunity to be heard. As a result, England established combatant status review tribunals.

In layman’s terms, CSRTs and ARBs allow OARDEC to make detention status recommendations to the Deputy SECDEF upon initial detention and over the course of time.

“Detainees are held in accordance with the law of armed conflict,” said Garber. “With CSRTs, the enemy combatant status of the detainee is reviewed after they arrive here in Guantanamo.”

CSRTs are comprised of a panel of three officers, one of whom is a legal officer. Despite the presence of a judge advocate general, the process is an administrative review as opposed to a criminal trial.

“After a CSRT the tribunal designates the detainee as an ‘enemy combatant’ or ‘no longer an enemy combatant,’” said Garber.

ARBs are also comprised of a panel of three officers, one of whom is an intelligence officer, which annually reviews the status of enemy combatants. The ARB process balances the risk posed by enemy combatants and the U.S. government’s desire to not hold these individuals any longer than needed.

This second review process looks at the status of detainees under the following criteria: the threat the detainee may pose towards the U.S. and the detainee’s intelligence value.

ARBs conclude with a recommendation to the DCO to either release, transfer or continue to detain the enemy combatant in U.S. custody. These decisions can be complicated, with many factors being weighed. The rigor of the ARB process helps to mitigate the risk that a detainee will be transferred or released and then return to the battlefield.

While OARDEC is not part of JTF Guantanamo, both organizations work closely. JTF ensures detention is safe and humane, while OARDEC ensures that proper recommendations are made to keep the right individuals detained.

“Technically we’re not part of JTF,” said Garber. “We are integrated into the mission here and we work closely with the staff, and rely on the support they give us.”

Given the amount of weight their recommendations carry, each member of the team understands the importance of performing their job with precision.

“The OARDEC processes play a pivotal role in determining if detainees will be transferred out of U.S. custody,” said Garber. “Therefore, this entire organization takes this responsibility very seriously. I am proud of the dedication and professionalism demonstrated everyday by the OARDEC team.”