H.R. 1315 would prohibit the detention of enemy combatants at Naval Station, Guantanamo Bay, Cuba, to provide for de novo combatant status reviews by military judges, to repeal the Military Commissions Act of 2006.
Detailed Summary
Terrorist Detainees Protection Act of 2009 - Directs the President to ensure that by the end of calendar 2009 no person alleged to be an unlawful enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba.
Requires a status review by a panel of three military judges of any Guantanamo detainee suspected of being an unlawful enemy combatant.
Requires that any person determined, pursuant to such a review, to be an unlawful enemy combatant to be: (1) transferred to a military or civilian detention facility in the United States, charged with a violation of U.S. or international law, and tried by courts-martial or in a district court; (2) transferred to an international tribunal operating under the authority of the United Nations with jurisdiction to hold trials of such a person; (3) transferred to a NATO-run detention facility, or to a different country, provided there are adequate assurances that the person will not be subject to torture in that country; or (4) held in accordance with the law of armed conflict. Provides for the disposition of other detainees after status reviews, including possible release.
Repeals the prohibition on habeaus corpus for detainees at Guantanamo Bay, Cuba.
Expresses the sense of Congress that the judicial review of all applications for writs of habeas corpus brought by detainees that are pending as of the date of enactment of this Act should be suspended until the completion of the status reviews.
Repeals the Military Commissions Act of 2006.
Requires the President to report to Congress any recommendations for statutory changes necessary to implement a comprehensive federal policy governing the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.
Status of the Legislation
Latest Major Action: 3/16/2009: Referred to House subcommittee. Status: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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