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What Kind Of Investigation Leaves Questions Unanswered?

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December 18, 2009

Its easy to forget that the were human beings: brothers, husbands, fathers, sons, uncles, friends. It may be easier to jump to the conclusion that these men must have been terrorists who wanted to sabotage America and its freedom.

Maybe they were, and maybe they were not but not one of the three detainees that died that day were ever charged with a crime during the five years they were imprisoned at Guant獺namo. In fact, one of men who died was approved and scheduled for release 19 days after his life ended.

What we do know is that on June 10, 2006 three men died in the U.S. militarys maximum-security facility at Guant獺namo Bay under questionable circumstances. Three and a half years later, even the simplest of questions surrounding their deathswho, what, when, where, why and howremain unclear from the militarys investigation.

Here at the , we plowed through more than 1,700 pages of investigative material dozens of times over. Each time wed come back to the drawing table, more unclear than before, with more questions than answers, and unable to understand any of the supposed facts the investigation revealed.

The questions we sought to answer: How was it possible for three detainees to kill themselves and then hang dead in their individual cells for more than two hours without any guards or other detainees noticing? How did the military conclude this was a conspiracy when it did not find or present any substantial evidence of a conspiracy? Why were the detainees given life-saving treatment measures when their bodies were discovered in rigor mortis, an indication of sure death? What is the physical explanation for how the detainees were able to shove rags so far down their throats without inducing a gag reflex? Why were routine records kept at Guant獺namo including the Detainee Information Management System (DIMS), pass-on book, video surveillance and other logs unavailable to the Naval Criminal Investigative Service (NCIS) investigation?

The are often inconsistent and contradictory when considered alongside Standard Operating Procedures (SOPs) in place at Guant獺namo. According to the governments own autopsies, each detainee had been hanging unobserved for a minimum of two hours. Three simultaneous deaths under these circumstances at one of the most maximum-security facilities on the planet raises serious questions about the security of the camp. The resulting investigation into the deaths indicated the negligence of NCIS to reach a factually based conclusion.

The Center for Policy & Research recently published a report, that deconstructs and then synthesizes the militarys investigation into the June 10 deaths. The investigation was incompetent at best, and the story as presented by NCIS is an insult to any analytical mind. While we are completely unsure of what actually happened that night, it is deeply concerning that three men died in the U.S. militarys custody. The bottom line is this: the truth remains unknown to the American public and the families of these three men.

Like the 勛圖眻畦, we hope that the Justice Department and Congress will launch a thorough investigation to seek the truth behind the three deaths that occurred at Guant獺namo on June 10, 2006, as well as other instances of detainee abuse and torture that have occurred in U.S. custody.

- Meghan Chrisner & Kelli Stout on behalf of the Center for Policy & Research at Seton Hall University School of Law

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