Case 1:08-cv-01207-RCL Document 259 Filed 09/26/16 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________
)
IN RE:
)
)
Misc. No. 08-442 (TFH)1
GUANTANAMO BAY
)
DETAINEE LITIGATION
)
Civil Action Nos.
)
)
04-CV-1194, 04-CV-1254, 04-CV-2022, 05-CV-0023
)
05-CV-0280, 05-CV-0569, 05-CV-0764, 05-CV-0883,
)
05-CV-1048, 05-CV-1124, 05-CV-1312, 05-CV-1506,
)
05-CV-1592, 05-CV-1607, 05-CV-1623, 05-CV-1638,
)
05-CV-1646, 05-CV-1971, 05-CV-1983, 05-CV-2104,
)
05-CV-2186, 05-CV-2223, 05-CV-2348, 05-CV-2371,
)
05-CV-2380, 05-CV-2386, 05-CV-2387, 05-CV-2479,
)
06-CV-1690, 06-CV-1725, 07-CV-2337, 08-CV-1207,
)
08-CV-1228, 08-CV-1236, 08-CV-1238, 08-CV-1360,
)
08-CV-1440, 08-CV-1645, 08-CV-1923, 08-CV-2083,
)
09-CV-0031, 09-CV-0745, 09-CV-0873, 09-CV-1385,
)
09-CV-1462, 10-CV-0407, 10-CV-1020, 11-CV-0923,
)
15-CV-0681, 15-CV-1257, 16-CV-1462
____________________________ )

ERRATA
Respondents previously filed a Notice to the Court, to which the Declaration of Rear
Admiral Peter J. Clarke was attached, in the above captioned cases. The Notice and Declaration
were inadvertently placed under seal via the ECF system. Respondents are refiling the Notice
and Declaration as attachments to this Errata to place accessible versions on the public docket.
Dated: September 26, 2016

Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
JOSEPH H. HUNT
Branch Director
TERRY M. HENRY
Assistant Branch Director

Respondents have filed this notice in all Guantanamo Bay habeas cases in which at least one
petitioner is currently held at Guantanamo Bay, whether the case remains pending or not.
1

 Case 1:08-cv-01207-RCL Document 259 Filed 09/26/16 Page 2 of 2

/s/ Kristina A. Wolfe
.
KRISTINA A. WOLFE
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue N.W.
Washington, DC 20530
Tel: (202) 353-4519
Kristina.Wolfe@usdoj.gov
Attorneys for Respondents

 Case 1:08-cv-01207-RCL Document 259-1 Filed 09/26/16 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________
)
IN RE:
)
)
Misc. No. 08-442 (TFH)1
GUANTANAMO BAY
)
DETAINEE LITIGATION
)
Civil Action Nos.
)
)
04-CV-1194, 04-CV-1254, 04-CV-2022, 05-CV-0023
)
05-CV-0280, 05-CV-0569, 05-CV-0764, 05-CV-0883,
)
05-CV-1048, 05-CV-1124, 05-CV-1312, 05-CV-1506,
)
05-CV-1592, 05-CV-1607, 05-CV-1623, 05-CV-1638,
)
05-CV-1646, 05-CV-1971, 05-CV-1983, 05-CV-2104,
)
05-CV-2186, 05-CV-2223, 05-CV-2348, 05-CV-2371,
)
05-CV-2380, 05-CV-2386, 05-CV-2387, 05-CV-2479,
)
06-CV-1690, 06-CV-1725, 07-CV-2337, 08-CV-1207,
)
08-CV-1228, 08-CV-1236, 08-CV-1238, 08-CV-1360,
)
08-CV-1440, 08-CV-1645, 08-CV-1923, 08-CV-2083,
)
09-CV-0031, 09-CV-0745, 09-CV-0873, 09-CV-1385,
)
09-CV-1462, 10-CV-0407, 10-CV-1020, 11-CV-0923,
)
15-CV-0681, 15-CV-1257, 16-CV-1462
____________________________ )

NOTICE TO THE COURT
Respondents respectfully notify the Court that the Department of Defense (DOD) has
commenced renovation of one wing and an outbuilding in Camp V at the United States Naval
Station, Guantanamo Bay, Cuba, to construct new medical facilities for detainees and
administrative office space for their medical providers. Some former and current Guantanamo
detainees were previously housed in Camp V, which is no longer occupied, and the outbuilding,
Building 2240, was previously used as a detainee classroom. As a result of the decreasing
detainee population, Joint Task Force-Guantanamo (JTF-GTMO) has been consolidating camp
operations. Currently, all detainees, other than those designated as “High Value Detainees”

Respondents have filed this notice in all Guantanamo Bay habeas cases in which at least one
petitioner is currently held at Guantanamo Bay, whether the case remains pending or not.
1

 Case 1:08-cv-01207-RCL Document 259-1 Filed 09/26/16 Page 2 of 5

(HVDs),2 are housed in Camp VI, which is adjacent to Camp V and has its own classroom for
educational programs. As explained below, developing new detainee medical facilities and
medical administrative offices in closer proximity to Camp VI will improve the safety and
security for both detainees and military personnel by reducing the scope of movement needed to
transport detainees for health-care related matters compared to the current situation. It will also
enhance the overall quality of health care available to detainees, as well as increase cost
efficiency.
Rear Admiral Peter J. Clarke, Commander, JTF-GTMO, explains in the attached
declaration that the current detainee medical facilities, consisting of a temporary infirmary and
Behavioral Health Unit (BHU), were built in 2002 and are located in Camp Delta, where the
detainee population was housed prior to the construction of Camps V and VI. See Clarke Decl.,
¶ 3. The infirmary and BHU were not designed to be enduring facilities and have deteriorated
over time. Id. In addition, the medical facilities in Camp Delta do not have an isolation room for
tuberculosis (“TB”) and other infectious diseases or an operational surgical suite—facilities that,
as reflected in Rear Admiral Clarke’s declaration, will be beneficial to the continued care of the
aging detainee population. Id. Further, all detainees who are not designated as HVDs are
currently housed in Camp VI and must be transported via a specially equipped van to the medical
facilities at Camp Delta for specialty appointments, such as dentistry and optometry, as well as
substantive hospital care. Id. Detainees requiring isolation or surgery must be transported via a
specially equipped van to the Guantanamo Bay Naval Hospital. See id. These movements are
time-and-resource intensive and increase the safety risk of both detainees and the guard force.
Id. Further, utilization of the Naval Hospital for detainees essentially shuts down the section of

So called “High Value Detainees” are detainees whose cases presumptively involve Top
Secret//Sensitive Compartmented Information and who are housed in Camp VII at Guantanamo.

2

 Case 1:08-cv-01207-RCL Document 259-1 Filed 09/26/16 Page 3 of 5

the hospital providing detainee care, which can cause a disruption in care for the base population.
See id.
To address these concerns, JTF-GTMO has begun implementing a plan to renovate one
wing and an outbuilding of Camp V to house a new detainee medical facility and administrative
office space for medical personnel in closer proximity to Camp VI, where all detainees other
than HVDs are presently housed. See Clarke Decl., ¶¶ 3, 6, 9. Currently vacant, Camp V was
built in 2004 as a maximum-security facility to house detainees. Id. ¶ 4. The main building has
four, two-story wings of cells and one additional wing of office space. Id. The renovation, as
currently planned, will create a medical facility in the wing located closest to Camp VI, with
additional medical treatment and administrative office space in and adjacent to Building 2240, an
outbuilding located within Camp V’s perimeter fence. Id. ¶ 4, 6-8. The new detainee medical
facility, excluding the administrative space, will be approximately the same size as the current
medical clinic in Camp Delta, but with greater overall capability. Id. ¶¶ 6, 7. It will consist of
updated medical spaces and equipment, including an isolation room, a surgical suite, a new acute
care unit, new X-ray equipment, and a new Central Sterilization Room that can be used to
sterilize the equipment used for operations. Id. ¶ 6.
Importantly, because Camp V is located in close proximity to Camp VI, the need to
transport detainees for medical care in specially equipped vans will be eliminated, improving
both the safety and security of detainees and military personnel, as well as cost efficiency. Id.
¶¶ 5, 6. Eliminating the use of specially equipped vans will also reduce the time it takes to
transport detainees to their medical appointments, thereby causing less disruption to their daily
schedule. See id. ¶ 6. In addition, relocating the administrative office space for the Joint

 Case 1:08-cv-01207-RCL Document 259-1 Filed 09/26/16 Page 4 of 5

Medical Group (JMG), the unit charged with the detainees’ medical care, to Building 2240 will
increase the efficiency of the medical staff, ultimately enhancing the quality of care. See id. ¶ 8.
The wing slated for renovation in Camp V is one of the four wings that previously housed
detainees. See Clarke Decl. ¶ 7. Some detainees housed in the wing required enteral feedings
and some of those feedings, in all likelihood, took place in rooms within that wing. Id. The
proposed renovation will not modify the other four wings of Camp V. See id. Each wing of
Camp V was constructed to the same specifications; thus, the current construct of the wing that is
slated for renovation will remain replicated in the other four wings. Id. Building 2240 was
primarily used as a classroom for detainee educational programs. See id. ¶ 8. At certain times in
years past it was also used, when needed, for enteral feedings. Id.
Although initial construction to implement the proposed renovation of one wing of Camp
V and Building 2240 commenced in August 2, the construction has been limited to the exterior
of the two buildings. Clarke Decl., ¶ 9. Specifically, temporary fencing and a new Sally Port (a
secure entrance that will be used to admit detainees and personnel coming from Camp VI) has
been installed, and the area around Building 2240 has been prepared to receive new modules
(trailers) to be used as medical treatment and storage facilities. Id. The contractor is currently
digging trenches for utilities and will next pour concrete slabs, which are necessary for exterior
renovation. Id.
Interior demolition of Building 2240 is currently scheduled to begin in early October
2016. Id. ¶ 11. Demolition of the interior of Camp V is currently scheduled to follow later that
month. Id. Prior to beginning this demolition or making these interior modifications, the Federal
Bureau of Investigation (FBI) will create digital recordings that could be used, if necessary, to

 Case 1:08-cv-01207-RCL Document 259-1 Filed 09/26/16 Page 5 of 5

create a three-dimensional modeling of the interiors of the two buildings. See id. ¶ 11. The
digital record will be preserved in an accessible format. Id.
Dated: September 26, 2016

Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
JOSEPH H. HUNT
Branch Director
TERRY M. HENRY
Assistant Branch Director
/s/ Kristina A. Wolfe
.
KRISTINA A. WOLFE
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue N.W.
Washington, DC 20530
Tel: (202) 353-4519
Kristina.Wolfe@usdoj.gov
Attorneys for Respondents

 Case Document 259-2 Filed 09/26/16 Page 1 of 5

DECLARATION OF REAR ADMIRAL PETER J. CLARKE

1, Rear Admiral Peter J. Clarke, pursuant to 28 U.S.C. 1746, hereby declare as follows:

1. I am a Rear Admiral in the United States Navy. I serve as the Commander of Joint
Task Force?Guantanamo at Naval Station, Guantanamo Bay, Cuba. I have held
this position since 4 November 2015. As such, I am reSponsible for the safe and humane care
and custody of detainees, including those convicted by military commission. My primary
concerns are the safety of my service members, the well-being of the detainees, and the defense
of my area of operations.

2. I make the following statements based upon my years of service and experience in the
United States military, personal knowledge, and information made available to me in my official
capacity, as well as my assessments and evaluations of the current status of detention operations
at I have served in the United States Armed Forces for over 30 years at various
levels of command and staff. In addition to commanding the USS Rhode Island (SSBN 740), an
Ohio class ballistic missile submarine, and Submarine Squadron Two, a squadron of fast-attack
submarines, I have served in various capacities as a career submarine of?cer. I have also served
as a staff of?cer for the Commander, US. Naval Forces Europe, Commander U.S. 6th Fleet, and
Commander Task Force 69; Special Assistant to the Director, Naval Nuclear Propulsion for
Personnel Policy and Training; Director for Operations, Commander Submarine Forces Atlantic;
Assistant Deputy Director for Regional Operations and Force Management in the Operations
Directorate of the Joint Staff; and Deputy Director, Joint Interagency Task Force South.

3. As the Commander, JTF-GTMO, my responsibilities include ensuring both quality
medical care facilities for detainees and safety of guard force personnel. The current medical
facilities for detainees, consisting of a temporary in?rmary and Behavioral Health Unit (BHU),
were expeditionary construction projects originally built in 2002. While the medical care
currently provided to detainees at TF-GTMO is on par with the medical care provided to US.
military personnel also stationed here, I am cognizant of the fact that the detainee population
continues to age and the medical needs of those detainees remaining at Guantanamo will become
more complex and challenging to our medical staff. The medical facilities where detainees are

presently treated have deteriorated over time and were not designed to be enduring facilities;

Case Document 259-2 Filed 09/26/16 Page 2 of 5

speci?cally, they consist of modular buildings that are temporary in nature. The current
detainee medical facilities are located at Camp Delta, where detainees were housed prior to the
construction of Camps and VI. Detainees are presently housed in Camp VI, but are no longer
housed in Camp V. Substantive hospital care, and other ancillary services. such as dental and
optometry visits, requires transporting detainees from Camp Vito Camp Delta. Such transport
includes moving the detainee to a van, securing him in the van with the transport team, moving
him approximately a quarter mile from Camp VI to Camp Delta and then moving him from the
van into the medical facility. These movements from Camp VI to Camp Delta are time and
resource intensive and increase the risk to safety and security of both detainees and the guard
force. In addition, the current expeditionary detainee medical facility does not have an isolation
room for tuberculosis (TB) or infectious diseases, or an operational surgical suite. Although
such facilities at Naval Hospital Guantanamo Bay can be used as needed for detainee care, I
believe that the continued long~term medical care of this population of detainees, and the
ef?ciency of such care, would benefit from having such facilities in closer proximity to the camp
in which detainees are housed. Utilization of the Naval Hospital for detainee care essentially
shuts down that section of the hospital, and can create a major imposition on the operation of that
facility and a disruption of care for the base population. Finally, the current medical
administration building is geographically separated from most of the Joint Medical Group (JMG)
personnel work spaces, making it inef?cient for their purposes. To address these concerns, we
plan to renovate one wing of Camp and a building formerly used as a classroom for detainees
into medical spaces.

4. Camp is a maximum-security facility built in April 2004. It is a climate-controlled
facility with a hub and spoke design. The hub consists of a centrally located automated control
center that enables staff to control all operations throughout the building, including
ingress/egress, opening and closing of doors, and other operations. The spokes consist of four, 2?
story wings, each with two rows of adjoining cells that face each other, and one additional wing
for administrative of?ces. Detainees are no longer housed in Camp V. Camp is currently not
in use.

5. Camp VI became operational in December 2006, and currently houses all detainees
not designated as high value detainees (HVDs). Built as a medium security, climate~controlled

facility, Camp VI detainees reside in eight pods that are each equipped with approximately 20

Case Document 259-2 Filed 09/26/16 Page 3 of 5

cells. Each pod is a two-story wedge shaped wing attached to the main structure, with cells on
each story and a common area located in the middle of the ?rst ?oor to allow comingling of the
resident detainees. Camp V1 is located approximately 150 yards from Camp V.

6. As a result of the declining number of detainees held at JTF GTMO, we have been
considering options for consolidating camp operations to increase ef?ciency and resource
management, as well as to reduce cost. We are ready to move forward with aspects of the
consolidation plan; speci?cally, to renovate a wing and outbuilding of Camp into a medical
facility for the remaining non-HVD detainees who are all now housed in Camp VI, which will
improve operational and cost ef?ciency and will improve upon the already comprehensive
medical care available to detainees housed at Converting these aspects of Camp 
into a medical facility will provide a medical suite roughly the same size as the current clinic, but
with greater overall capability. The planned renovation will create updated medical spaces and
equipment, such as a surgical suite, an entirely new detainee acute care unit, an isolation suite,
new X?ray equipment, and new Central Sterilization Room that can be used to sterilize necessary
operating room equipment. Movement of detainees between Camps and V1 for the purpose of
providing medical treatment will be signi?cantly less resource and time intensive than the
current construct. Utilizing a portion of Camp to house detainee medical care facilities will
improve the safety and security for detainees and military personnel by eliminating the need for
moving detainees with specially equipped vans for all medical visits. This change will also make
for less disruptive, quicker movements for detainees for the purpose of medical care,
signi?cantly reducing the amount of time it takes to get detainees to various appointments.

7. The proposed modi?cations will be made to one of the ?ve wings in Camp V,
speci?cally, the wing located closest to Camp for now, the other four wings will remain as is.
Every wing of Camp was constructed to the same specifications; therefore, the current
construct of the wing which is to be renovated will remain replicated in the other four wings of
Camp V. The wing slated to be renovated did previously house detainees who required enteral
feeding with some of the enteral feedings likely occurring in rooms within that wing in past
years.

8. Building 2240 is located within the Camp perimeter fence, adjacent to the Camp 
building. Until recently, Building 2240 was used as a detainee classroom. At certain times in

past years when needed, it was used for enteral feedings. Building 2240 will be modi?ed

Case Document 259-2 Filed 09/26/16 Page 4 of 5

including for use as administrative spaces for medical personnel. This will ensure we maintain
the highest quality of medical care by having medical professionals? administrative spaces in
close proximity to the medical spaces. The detainee. classroom is now located inside Camp VI 

where all non-HVD detainees are currently housed.

9. Initial construction for this project commenced in August 2016 and has included the
contractor installing temporary fencing and a new Sally Port, which will serve to secure the
entrance used by those coming from Camp VI to the new medical wing of Camp V, and
preparing the area surrounding Building 2240 to receive new modules (trailers) to be used as
medical treatment and storage facilities. The contractor is currently trenching for utilities and
will next pour the concrete slabs necessary for the exterior renovation. This initial construction
phase is conducted entirely exterior to Building 2240 and Camp V, and did not modify locations

that housed or were used by detainees.

10. To date, the government has spent approximately $1 million of the total $8.4 million
contracted amount. To terminate or even delay the project, the government would incur
considerable additional expense to compensate the contractor for material and demobilization.
My Chief Engineer estimates that a termination for convenience could cost the government an

additional 553-4 million, and would have to be negotiated with the contractor.

ll. Interior demolition in Building 2240 is currently scheduled to begin in early October
with demolition inside Camp to follow. Prior to beginning this demolition or making these
interior modi?cations, we will create digital recordings which could be used to, eventually,
create a three-dimensional model of the wing of Camp and Building 2240 to maintain a record
of the facilities for future use. The digital record will be preserved and in an accessible form that
can be made available if necessary. The Federal Bureau of Investigation has agreed to conduct

the digital imaging for the model.

12. This project has been Congressionally approved and funded as a military
construction project, and has been deemed necessary for operations by various levels of the chain

of command. Any delay in the project will result in significant costs to the government.

Case Document 259-2 Filed 09/26/16 Page 5 of 5

I declare under penalty of perjury under the laws of the United States of America that the

forgoing is true and correct.

Dated: 23 5.110 \5 

Peter J. Clarke
Rear Admiral, U.S. Navy
Commander, Joint Task Force Guantanamo