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At the time of its establishment in January 2002, Secretary of Defense Donald Rumsfeld said the prison camp was established to detain extraordinarily dangerous people, to interrogate detainees in an optimal setting, and to prosecute detainees for war crimes.
In practice, the site has long been used for indefinite detention without trial. Office of Legal Counsel, Department of Justice advised the Bush administration that the Guantanamo Bay detention camp could be considered outside U. legal jurisdiction, military guards took the first twenty detainees to Guantanamo on 11 January 2002. Supreme Court decisions since 2004 have determined otherwise and that the courts have jurisdiction: it ruled in Hamdan v.
The Department of Defense at first kept secret the identity of the individuals held in Guantanamo, but, after losing attempts to defy a Freedom of Information Act request from the Associated Press, the USA would later officially acknowledge holding 779 prisoners in the camp. The Bush administration asserted that detainees were not entitled to any of the protections of the Geneva Conventions. Rumsfeld on 29 June 2006, that detainees were entitled to the minimal protections listed under Common Article 3 of the Geneva Conventions. Crawford, appointed by Bush to review Do D practices used at Guantanamo Bay and oversee the military trials, became the first Bush administration official to concede that torture occurred at Guantanamo Bay on one detainee.
On 29 January 2009, a military judge at Guantanamo rejected the White House request in the case of Abd al-Rahim al-Nashiri, creating an unexpected challenge for the administration as it reviewed how the United States brings Guantanamo detainees to trial.
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