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Title: Judicial Review of Detainees Amendment
Vote Smart's Synopsis:
Vote to adopt an amendment that alters Senate amendment 2515 to give the United States Court of Appeals in the District of Columbia (DC) exclusive jurisdiction on habeus corpus claims filed by or on the behalf of detainees at Guantanamo Bay who have already had a Combatant Status Review Tribunal.
- Excludes from jurisdiction individuals who have not been deemed enemy combatants but are still held at Guantanamo Bay and individuals who are charged with offenses before a military commission.
- Allows the Court to determine if the detention is legal, if the determination of the detainees status as an enemy combatant followed proper procedures and if the determination is supported by sufficient, legally obtained evidence that was not gained through coercion, torture, or cruel and inhuman treatment.
- Prohibits the DC Court of Appeals from hearing claims based on living conditions of the detainees.
- Requires the Secretary of Defense to submit procedures for determining the status of detainees held at Guantanamo Bay to the Senate and House Judiciary Committees.