Page:Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatants detained at Guantanamo Bay Naval Base, Cuba.pdf/7

 ;F. The Detainee’s Participation in the CSRT Process Enclosure (1)
 * 1) The detainee may elect to participate in a Combatant Status Review Tribunal or may waive participation in the process. Such waiver shall be submitted to the Tribunal in writing by the detainee’s Personal Representative and must be made after the Personal Representative has explained the Tribunal process and the opportunity of the detainee to contest this enemy combatant status. The waiver can be either an affirmative statement that the detainee declines to participate or can be inferred by the Personal Representative from the detainee’s silence or actions when the Personal Representative explains the CSRT process to the detainee. The detainee’s election shall be noted by the Personal Representative on enclosure (5).
 * 2) If a detainee waives participation in the Tribunal process, the Tribunal shall still review the detainee’s status without requiring the presence of the detainee.
 * 3) A detainee who desires to participate in the Tribunal process shall be allowed to attend all Tribunal proceedings except for proceedings involving deliberation and voting by the members and testimony or other matters that would compromise national security if held in the presence of the detainee.
 * 4) The detainee may not be compelled to testify or answer questions before the Tribunal other than to confirm his identity.
 * 5) The detainee shall not be represented by legal counsel but will be aided by a Personal Representative who may, upon the detainee’s election, assist the detainee at the Tribunal. He shall be provided with an interpreter during the Tribunal hearing if necessary.
 * 6) The detainee may provide evidence to the Tribunal, including the testimony of witnesses who are reasonably available and whose testimony is considered by the Tribunal to be relevant. Evidence on the detainee’s behalf (other than his own testimony, if offered) may be presented in documentary form and through written statements, preferably sworn.
 * 7) The detainee may present oral testimony to the Tribunal and may elect to do so under oath or affirmation or as unsworn testimony. If the detainee testifies, either under oath or unsworn, he may be questioned by the Recorder, Personal Representative, or Tribunal members, but may not be compelled to answer questions before the Tribunal.
 * 8) The detainee’s Personal Representative shall be afforded the opportunity to review the Government Information, and to consult with the detainee concerning his status as an enemy combatant and any challenge thereto. The Personal Representative may share the unclassified portion of the Government Information with the detainee.
 * 9) The detainee shall de advised of the foregoing by his Personal Representative before the Tribunal is convened, and by the Tribunal President at the beginning of the hearing.