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EO 13492Executive OrderObama · D

Executive Order 13492

Review and Disposition of Individuals Detained At the Guantanamo Bay Naval Base and Closure of Detention Facilities

This executive orders the closure of the Guantánamo Bay detention facilities within one year and mandates an immediate, comprehensive interagency review of all detainees to determine whether they should be transferred, released, prosecuted in federal court, or handled through other lawful means. It also halts all military commission proceedings during the review period and requires detention conditions to comply with Common Article 3 of the Geneva Conventions.

Federal Register Open PDF 74 FR 4897

Impact dates

  1. Closure of Guantánamo detention facilities

  2. Review of detention conditions completed

Key directives

  • Close Guantánamo detention facilities no later than 1 year from order date
  • Attorney General to coordinate immediate interagency review of all detainees
  • Review to determine transfer/release, prosecution, or other lawful disposition for each detainee
  • Secretary of State to pursue diplomatic negotiations for transfers
  • Secretary of Defense to complete review of detention conditions within 30 days and implement corrections
  • All military commission proceedings halted during pendency of review
  • Detention must conform to Common Article 3 of Geneva Conventions and applicable laws
  • Review to consider legal, logistical, security issues of transferring detainees to U.S. facilities and work with Congress on legislation

Who is ordered

Timeline

Immediate

  • Interagency review of all detainees commences
  • Military commission proceedings halted
  • Review of detention conditions begins
  • Diplomatic negotiations for transfers initiated

Near term (90d)

  • Detention conditions review completed (30 days)
  • Rolling determinations on transfer/release feasibility
  • Identification of prosecution candidates
  • Assessment of U.S. transfer logistics and legal issues

Long term

  • Closure of Guantánamo detention facilities (by January 22, 2010)
  • Final disposition of all remaining detainees
  • Potential legislative action with Congress on U.S. transfers

Risks & tensions

  • Closure deadline proved unachievable due to congressional opposition to U.S. transfers and difficulty finding third-country recipients
  • Tension between prompt disposition and thorough review of complex intelligence and legal cases
  • Vague 'as soon as practicable' and 'interests of justice' standards create implementation uncertainty
  • Military commission halt left some cases in indefinite procedural limbo
  • Section 8(b) 'subject to availability of appropriations' creates contingency that weakened enforceability
Executive Order 13492: Review and Disposition of Individuals Detained At the Guantanamo Bay Naval Base and Closure of Detention Facilities · Executive Orders