No-hearing hearings

No-Hearing Hearings (2006) is the title of a study published by Professor Mark P. Denbeaux of the Center for Policy and Research at Seton Hall University School of Law, his son Joshua Denbeaux, and prepared under his supervision by research fellows at the center. It was released on October 17, 2006. It is one of a series of studies on the Guantanamo Bay detention center, the detainees, and government operations that the Center for Policy and Research has prepared based on Department of Defense data.

The study analyzes the Combatant Status Review Tribunals (CSRT's) for 393 detainees held on Guantánamo Bay from 2004 to 2005. The study is notable as the first documentation that the OARDEC convened multiple Tribunals for some captives when their original Tribunals determined they should not have been classified as enemy combatants. It generally gained a finding of enemy combatant status on the second hearing, but some panels resisted.

The Denbeaux represent two detainees at Guantánamo Bay.

The report was based upon information given by lawyers for 102 Guantanamo detainees and transcripts of the tribunals, which were released by the government under a Freedom of Information Act lawsuit filed by the Associated Press. It analyzes the backgrounds of prisoners at Guantánamo Bay as represented in their files and how the CSRTs determined their status.

Following the United States Supreme Court's rulings in Rasul v. Bush (2004) and Hamdi v. Rumsfeld (2004), in which it held that foreign detainees and United States citizens had the right of habeas corpus to challenge their detention before an impartial tribunal, the Bush administration developed the process of Combatant Status Review Tribunals to serve as tribunals for the detainees. In addition, the process was to fulfill the obligation under , to determine if persons were prisoners of war or enemy combatants.

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