Case 1:08-cv-01207-RCL Document 293 Filed 01/30/18 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN RE: Misc. No. 08-442 (TFH) GUANTANAMO BAY DETAINEE LITIGATION Civil Action Nos. 04-CV-1194, 04-CV-1254, 04-CV-2022, 05-CV-0023, 05-CV-0764, 05-CV-1048, 05-CV-1506, 05-CV-1592, 05-CV-1607, 05-CV-1971, 05-CV-1983, 05-CV-2104, 05-CV-2223, 05-CV-2348, 05-CV-2371, 05-CV-2380, 05-CV-2386, 06-CV-1690, 06-CV-1725, 07-CV-2337, 08-CV-1207, 08-CV-1236, 08-CV-1360, 08-CV-1440, 08-CV-1645, 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, 16-CV-2358; 17-CV-1928 NOTICE REGARDING CAMP FOUR Respondents respectfully notify the Court that the Department of Defense intends to demolish Camp Four, a former detention camp at the Naval Station, Guantanamo Bay, Cuba, and repurpose the site for non-residential use.1 As explained in the attached declaration of Rear Admiral Edward Cashman, Commander of Joint Task Force-Guantanamo (JTF-GTMO), Camp Four is a medium-security, communal living facility, constructed of modular structures, that originally opened in February 2003 to house highly compliant detainees who were not designated High Value Detainees (non-HVDs). See Cashman Decl. ¶ 4 (Exhibit 1). Detainees resided in barracks-style open bays, and Camp Four included its own recreation area, media room, and classroom facilities. See id. All nonHVDs in Camp Four were later transferred to Camp Six, a modern, solid-construction detention 1 There are currently 41 detainees at Guantanamo Bay, 39 of whom have filed petitions for writ of habeas corpus in this Court. This notice is being submitted 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 293 Filed 01/30/18 Page 2 of 3 facility that was built nearby. See id. Accordingly, Camp Four has not been used to house any detainees since January 2011. See id. Only fifteen of the detainees who currently remain in JTFGTMO custody were ever housed in Camp Four. See id. As Respondents previously advised the Court, JTF-GTMO is currently renovating a portion of the permanent structure of Camp Five to serve as the new detainee health facility. See id. ¶ 5; see also Notice to the Court, Declaration of Rear Admiral Peter Clarke (filed Sept. 26, 2016 in the Guantanamo Bay habeas cases and describing plan to renovate a portion of Camp Five). The dormant Camp Four occupies an important plot of land near this ongoing construction project that is operationally valuable and could be used more effectively to facilitate the ongoing JTF mission. See id. ¶¶ 5-6. JTF-GTMO intends to use a portion of Camp Four as an administrative space while medical operations transition to the new Camp Five facilities in early 2018. See id. ¶ 5. The remainder of Camp Four will be cleared to serve as a lay down area for construction materials and equipment during the period of transition. See id. After serving as a lay down area, because of Camp Four’s proximity to Camp Six (the camp that currently houses all non-HVDs) and the fact that utilities already exist within the Camp, certain administrative and management functions could be moved into the area to increase efficiency and effectiveness. See ¶ 6. In order to move forward with this project, JTF-GTMO intends to begin deconstruction of Camp Four with available manpower and to fund a project to demolish old structures that are beyond the capability of organic forces using money for fiscal year 2018 available for that purpose. See id. JTF-GTMO intends to begin the demolition as soon as practicable after February 1, 2017, but no sooner than two weeks following this submission to the Court. Respondents have taken steps to preserve data about Camp Four. The Federal Bureau of Investigation (FBI) Laboratory Division conducted a site survey of Camp Four in 2014 and 2017 to collect various types of data and recordings of the facilities. See id. ¶ 7. The FBI’s data could 2 Case 1:08-cv-01207-RCL Document 293 Filed 01/30/18 Page 3 of 3 be used to create a fair and accurate representation of the facility to include a three-dimensional model of Camp Four that shows all areas of the facilities where detainees have ever been held. See id. The facilities were completely documented, and this data will be preserved. See id Respondents recognize the public interest in the Guantanamo Bay habeas cases and, in the interest of transparency, hereby inform the Court and Petitioners’ counsel of JTF-GTMO’s plan to demolish and repurpose Camp Four. Dated: January 30, 2017 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General TERRY M. HENRY Assistant Branch Director /s/ Andrew I. Warden Senior Trial Counsel United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Tel: (202) 616-5084 Email: Andrew.Warden@usdoj.gov 3 Case 1:08-cv-01207-RCL Document 293-1 Filed 01/30/18 Page 1 of 4 DECLARATION OF REAR ADMIRAL EDWARD CASHMAN I, Rear Admiral Edward Cashman, 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 (JTF-GTMO), at Naval Station, Guantanamo Bay, Cuba (NSGB). I have held this position since 7 April 2017. 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 health and safety of my service members, the humane treatment and security of the detainees, and the ability to maintain and defend my areas of operation. 2. I make the following statements based upon my years of service and experience in the United States military, personal kno\vledge, 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 JTF-GTMO. I have served in the United States Armed Forces for over 29 years at various levels of command and staff. In addition to commanding USS Mustin (DDG-89), an Arleigh Burke-class destroyer, and Destroyer Squadron FIVE ZERO, a squadron of surface vessels, I have served in various other capacities as a career Surface Warfare Officer. I also served as the Chief of Staff for Commander, U.S. Naval Forces Central Command; as a Fellow at the Chief of Naval Operations Strategic Studies Group; as a staff officer at U.S. FIFTH Fleet and Pacific Fleet; and as a Surface Operations Officer for Carrier Strike Group THREE, in addition to various other sea tours. 3. As Commander, JTF-GTMO, in addition to and consistent with my responsibilities enumerated above, I must remain a good steward of taxpayer dollars. Camp IV is a former detention camp under my operational control that has not been actively used for detention operations or any other purpose for over seven years. Consequently, over the years Case 1:08-cv-01207-RCL Document 293-1 Filed 01/30/18 Page 2 of 4 since its closure, the Camp IV facilities have deteriorated into a state of disrepair. The camp no longer serves any function for my current mission, nor can I foresee any potential use of the existing facilities in the future based on their age and condition. From an operational perspective, keeping Camp IV under my control is an unnecessary distraction. 4. Camp IV is a medium-security, communal living facility, constructed of modular structures, that originally opened in February 2003 to house highly compliant detainees who were not designated I-Iigh Value Detainees (non-HVDs). Detainees resided in barracks-style open bays and Camp IV included its own recreation area, media room, and classroom facilities. All non-HVDs were later transferred to Camp VI, a modern, solid-construction detention facility that \Vas built nearby. Accordingly, the cells in Camp IV have not been used to house any detainees since January 2011. Only fifteen of the detainees who currently remain in JTF-GTMO custody were ever housed in Camp IV. 5. The detainee hospital and other detainee health facilities currently lie within the perimeter fence of Camp Delta, \Vhich includes Camp IV. Because t11ese expeditionary facilities are also well past their expected useful life, JTF-GTMO is currently renovating a portion of a pennanent structure within Camp V to serve as the detainee health facilities moving forward. Movements between the non-1-IVDs' current living facilities in Camp VI and the new health facilities in Camp V will not require external transportation because Camp VI and Camp V share a perimeter fence. As a result, transporting detainees for medical care at the new facility will be significantly less resource-intensive for JTF-GTMO and much quicker and 1ess disruptive for the detainees than the current camp layout, which requires detainees living in Camp VI to be transported by van to the medical facilities in Camp Delta. The existing medical facilities within Camp IV will be converted to administrative space and used for a period of time after medical 2 Case 1:08-cv-01207-RCL Document 293-1 Filed 01/30/18 Page 3 of 4 operations transition to the new facilities in Camp Vin early 2018. However, the remainder of Camp IV should be cleared to serve as a centrally located lay down area for construction materials and related equipment during the period of transition. 6. The dormant Camp IV now occupies an important plot of land across the street from Camp VI, the current detention camp that houses all non-HVDs. NSGB is a small facility with limited land available to meet mission requirements. After serving as a lay down area, because of Camp IV' s proximity to Camp VI and the fact that utilities already exist within the perimeter, the land currently occupied by Camp IV is operationally valuable and could be used more effectively for other future purposes. Specifically, certain administration and management facilities could be moved into the area to consolidate operations and increase JTF efficiency and effectiveness. In order to move forward with the next steps of the consolidation effort, it is my intention to begin the deconstruction of Camp IV with available manpower and to fund a project to demolish the old structures that are beyond the capability of organic forces using fiscal year 2018 money available for that purpose. 7. 111e Federal Bureau of Investigation (FBI) Laboratory Division conducted a site survey of Camp IV in 2014 and 2017 to collect various types of data and recordings of the facilities. The FBI's data could be used to create a fair and accurate representation of the facility to include a three-dimensional model of Camp IV that shows all areas of the facilities where detainees have ever been held. The facilities were completely documented. This data will be preserved. 8. In order to effectively use fiscal resources and available manpower, I intend to begin demolishing Camp IV as soon as practicable after February 1, 2017, but no sooner than 2 weeks following the submission of this declaration to the Court. 3 Case 1:08-cv-01207-RCL Document 293-1 Filed 01/30/18 Page 4 of 4 9. I declare under penalty of perjury under the laws of the United States of America that the forgoing is true and correct. Dated: Edward Cashman Rear Admiral, U.S. Navy Commander, Joint Task Force Guantanamo 4