Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 1 of 36 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FADI AL-MAQALEH, et al., Petitioners, v. BARACK H. OBAMA, et al., Respondents. Civil Action No. 06-1669 (JDB) AMIN AL-BAKRI, et al., Petitioners, v. BARACK H. OBAMA, et al., Respondents. Civil Action No. 08-1307 (JDB) REDHA AL-NAJAR, et al., Petitioners, v. BARACK H. OBAMA, et al., Respondents. Civil Action No. 08-2143 (JDB) DECLARATION OF TINA M. FOSTER Pursuant to 28 U.S.C. ? 1746, I certify that the following is true and correct to the best of my knowledge: 1 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 2 of 36 1. My name is Tina Foster, and I am an attorney admitted to practice law in the States of New York and Massachusetts. I am counsel to Petitioners in the above-captioned matter and present this declaration in support of Petitioners' Memorandum and Supplemental Materials in Opposition to Respondents' Motion to Dismiss. 2. On August 8, 2012, I received an email from the new Personal Representative ("PR") assigned to represent Petitioner Amin al-Bakri before his next Detainee Review Board ("DRB"). This was the first communication I had ever had with this individual. To protect the PR's privacy, I have not mentioned the PR's name in this declaration, and have redacted the PR's name in all exhibits. 3. In the August 8, 2012 email, the PR informed me that Mr. al-Bakri's next DRB was slated for August 23, 2012, and that Mr. al-Bakri wanted my colleague, Ramzi Kassem, and me, to testify as live witnesses at the proceedings. The PR also informed me that "the facility commander has agreed to grant you entrance to the facility," and that the PR was currently working on postponing the date of Mr. al-Bakri's DRB so that we could attend in person. A true and correct copy of this email is attached to this declaration as Exhibit 1. 4. On August 9, 2012, I replied to the PR, stating that Professor Kassem and I were making arrangements to travel to Afghanistan as soon as possible so that we could testify as witnesses at Mr. al-Bakri's DRB. A true and correct copy of this email is attached to this declaration as Exhibit 2. 5. On August 18, 2012, the PR wrote to me to confirm that permission had been granted to postpone the date of Mr. al-Bakri's DRB so that Prof. Kassem and I would be able to attend. A true and correct copy of this email is attached to this declaration as Exhibit 3. 2 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 3 of 36 6. On or about August 18, 2012, I spoke with the PR by telephone to discuss my availability to travel to Bagram for the purpose of attending Mr. al-Bakri's DRB. I advised the PR that I would already be in the region and could make arrangements to be in Afghanistan from September 17 through 22. Based on my availability, the PR then indicated that the PR would request the date of September 20, 2012 for Mr. al-Bakri's DRB. The PR was also apparently aware that I represented other detainees at Bagram, and offered to arrange my other clients' DRBs to be scheduled for the same day. I informed the PR that I actually represent more than a dozen detainees at Bagram, and that it might be difficult to schedule all of their DRBs on a single day. I indicated that I would make myself available to appear for as many DRBs as possible on September 20, and would be willing to extend my trip in order to appear on behalf of all of my clients, if possible. During this conversation, the PR also suggested at her own initiative that since I was traveling from so far away, she would make a separate request that I be allowed to meet with all of my clients while I was on the base, but that she was uncertain whether this particular request would be granted. 7. On August 23, 2012, I received another email from the PR, confirming the date of Mr. al-Bakri's DRB for September 20, 2012. The PR also asked me to identify my other clients at Bagram because "they have moved all habeas cases to one day based on travel time to Afghanistan." A true and correct copy of this email is attached to this declaration as Exhibit 4. 8. I responded the same day, on August 23, 2012, to inform the PR that my organization, the International Justice Network ("IJN"), along with co-counsel, had filed habeas cases on behalf of the three Petitioners in the above-referenced matters, as well as two other Petitioners. I also stated that in addition to the habeas Petitioners, IJN represented several other 3 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 4 of 36 prisoners currently detained at Bagram for whom we had not filed habeas petitions. A true and correct copy of this email is attached to this declaration as Exhibit 5. 9. Upon learning that all three Petitioners in this litigation would have their DRB proceedings on the same day, I conferred with Sylvia Royce, my co-counsel representing Petitioner al-Najar. Ms. Royce had already been in touch with a different personal representative at Bagram. In coordination with Petitioner al-Najar's personal representative, Ms. Royce was preparing documents for submission to the DRB, and was planning to testify as a witness at his DRB by telephone. Petitioner al-Najar's personal representative was subsequently replaced by the same PR who had contacted me regarding Petitioners al-Maqaleh and al-Bakri. That PR invited Ms. Royce to testify as a live witness at Petitioner al-Najar's DRB or, alternatively, by telephone. Ms. Royce and I agreed that since I would already be traveling to Bagram to testify as a witness for Petitioners al-Maqaleh and al-Bakri, and was also sufficiently familiar with Petitioner al-Najar's case, I would also appear as a witness for Petitioner al-Najar at his DRB. 10. On or about August 30, 2012, I spoke with the PR by telephone to confirm that Ms. Royce was preparing documents for submission to Petitioner al-Najar's DRB, and that Prof. Kassem and I were also working on our other clients' written submissions. I also informed the PR that Ms. Royce was available to testify by telephone at Petitioner al-Najar's DRB, but that since I would already be on the base for my other clients' DRBs, I could appear as a live witness on behalf of Petitioner al-Najar instead. The PR again told me that I would be permitted to appear in person as a witness for all three Petitioners, as our clients' requests to call us as witnesses at their DRBs had already been approved by her supervisor. 4 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 5 of 36 11. On August 27, 2012, I received an email from the Officer in Charge of the Detainee Assistance Center at Bagram ("OIC") addressed to both Prof. Kassem and me. To Protect the OIC's privacy, I have not mentioned the name of the OIC in this declaration, and have redacted all attached exhibits accordingly. In that email, the OIC (who was apparently unaware that I had already spoken to the PR) again informed us that our clients, including each of the three named Petitioners in this matter, had requested that their boards be delayed until September 20 so that Prof. Kassem and I could attend, and that each of their requests had been approved. A true and correct copy of this email is attached to this declaration as Exhibit 6. 12. In the same August 27, 2012 email, the OIC also asked us to "advise whether you intend to watch the open (unclassified) portion of the proceedings or testify as a witness." The OIC explained that if we intended to observe the proceedings, we would be allowed into the hearing room during the open portion, but that if we intended to testify, we would be called into the hearing room after the detainee has been read his rights and been given an opportunity to speak. 13. On August 28, 2012, I received a separate email from the PR, informing me that the PR would be making a request to allow me to have face-to-face meetings with each client. A true and correct copy of this email is attached to this declaration as Exhibit 7. 14. On August 29, 2012, I replied to the OIC's email of August 27, 2012, to advise that I would testify as a witness during the DRB proceedings of Petitioners al-Maqaleh and alNajar, and that Prof. Kassem would testify as a witness for Petitioner al-Bakri. A true and correct copy of this email is attached to this declaration as Exhibit 8. 5 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 6 of 36 15. On August 31, 2012, the PR wrote to me to inform me that the Task Force Commander had requested a letter from me on my letterhead requesting to speak with my clients while I was at Bagram. A true and correct copy of this email is attached to this declaration as Exhibit 9. 16. On September 4, 2012, the OIC wrote to Prof. Kassem and me to confirm that the requests to appear as witnesses at the DRBs, as well as the request for meetings with our clients, had been received. This came as surprise to me, as we had not initiated either request, and I had previously been informed by the PR that the "facility commander" had already approved our access to the base for the purpose of testifying at our clients' DRB hearings (see Exhibit 1). 17. In the September 4 email, the OIC explained that, normally, requests for family and non-official visitors to testify as witnesses at DRBs are approved by the Commander, Combined Joint Interagency Task Force 435, delegated to Commander, Task Force Protector. However, the OIC explained, exceptionally, our clients' requests that we be called as witnesses at the DRBs would be forwarded through "Commander, USCENTCOM through Director, Joint Staff, to USD (P)" in coordination with DOD General Counsel, for approval. The OIC stated: "While I disagree about the request to attend the DRB [being forwarded], and have written a memorandum to that effect, I am forwarding both request though [sic] my chain of command." A true and correct copy of this email is attached to this declaration as Exhibit 10. 18. On September 6, 2012, I received an email from the PR stating the following: "Amin wanted to express that he and the rest of the habeas petitioners, understand that they may not be released based on the decision of the board but want to ensure for the future that they are treated with at least the same rights as Afghan detainees, who are transferred regularly to Afghan authority. They feel that it is 6 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 7 of 36 only fair that they be subject to the decisions of their respective governments. He has expressed that if he is not allowed witnesses for the upcoming board he will refuse as will the others to participate in the process in the future. I am still waiting on the decision from higher headquarters in Kabul." A true and correct copy of this email is attached to this declaration as Exhibit 11. 19. On September 16, 2012, while Prof. Kassem and I were already en route to Kabul, Afghanistan, we received another email from the OIC informing us that we would not be permitted to appear as witnesses at our clients' DRBs. In addition, we would not be permitted to meet with our clients. No explanation was provided for this sudden about-face, and I am not aware of any external events, factors, or considerations on that date, beyond the U.S. government's whim, that would have precluded our participation as witnesses. The OIC then instructed us to coordinate with the PR so that we could testify at our clients' DRBs as witnesses by telephone. A true and correct copy of this email is attached to this declaration as Exhibit 12. 20. Afghanistan. 21. On September 18, 2012, I received a telephone call from the PR. The PR On the afternoon of September 17, 2012, Prof. Kassem and I arrived in Kabul, informed me that not only our clients' requests for us to appear as live witnesses at their DRBs had been denied, but, in addition, neither Prof. Kassem nor I would be permitted to testify by telephone despite our willingness and availability. No reason was provided for this decision and I am not aware of any external events, factors, or considerations on that date, beyond the U.S. government's whim, that would have precluded even our telephonic participation as witnesses. 22. On September 19, 2012, the PR wrote to my colleague, Ms. Royce. Prof. Kassem and I were also cc'ed on that email. The PR indicated that the DRBs would go forward on the 7 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 8 of 36 following day as scheduled and without our participation, despite our being "reasonably available." The PR also informed us that because our clients were being denied the ability to call reasonably available witnesses, they no longer wished to participate in the DRBs. The PR's exact words were as follows: "As you were all reasonably available they wanted [Sylvia Royce] as well as Tina [Foster] and Ramzi [Kassem] to attend in person. It is not that they have lost hope they want to show that they are being treated differently even following all of the policies that are outlined by the facility. Afghans that are detained here all allowed to have in person witnesses who have in the pass travelled from the U.S. and several other countries. [sic]" A true and correct copy of this email is attached to this declaration as Exhibit 13. 23. On information and belief, the Petitioners' DRBs were held on September 20, 2012. Despite our availability and willingness, my colleagues and I were not permitted to appear as witnesses in person or by telephone. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Kabul, Afghanistan Executed on this 23rd day of September, 2012 ______/s____________ Tina M. Foster 8 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 9 of 36 EXHIBIT 1 Email dated August 8, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 10 of 36 From: Weissenfluh, Ingrid L CPT USA JLC Personal Representative To: Tina Foster Subject: (U//FOUO) Detainee Review Board Afghanistan New Representative Sent: Aug 8, 2012 1:47 AM UNCLASSIFIED//FOR OFFICIAL USE ONLY Ms. Foster, I'm the new representative for Mr. Al Bakri. His board is slated for 23 AUG but he has requested that you, his father, and Mr. Ramzi to come as witnesses to this board. I am currently working to hold it open until you are able to make arrangements to come to the board. The facility commander has agreed to grant you entrance to the facility with some provisions to be outlined. Please let me know if you or any of the named personnel will be able to make it so that I may start the appropriate paperwork on my end. V/r Ingrid L. Weissenfluh CPT, LG Personal Representative CJIATF 435, Legal Operations Directorate Ingrid.l.Weissenfluh@afghan.swa.army.mil UNCLASSIFIED//FOR OFFICIAL USE ONLY Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 11 of 36 EXHIBIT 2 Email dated August 9, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 12 of 36 From: Tina M. Foster Date: Thu, Aug 9, 2012 at 8:45 AM Subject: Re: (U//FOUO) Detainee Review Board Afghanistan New Representative To: "Weissenfluh, Ingrid L CPT USA JLC Personal Representative" Cc: "Kassem, Ramzi" Dear CPT Weissenfluh, Thank you very much for your efforts on behalf of Mr. Al-Bakri - we greatly appreciate the opportunity to appear in person on his behalf. I would like to attend, along with Mr. Ramzi Kassem (schedule permitting), and Mr. Al-Bakri's father (visa permitting). We should be able to get there in mid to late September, so hopefully you would not need to delay more than a few weeks. I am currently working on coordinating with everyone's schedules,along with visa applications and flights to Kabul. Can I get back to you in a day or so and give you a date range in September? In doing so, it would be helpful to know if there are particular days of the week in which DRBs can/cannot be scheduled. Many thanks again for your willingness to arrange this for us. Please let me know if there is any information you will need from us to facilitate your paperwork. Very Respectfully, Tina M. Foster Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 13 of 36 EXHIBIT 3 Email dated August 18, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 14 of 36 From: "Weissenfluh, Ingrid L CPT USA JLC Personal Representative" Date: Sat, 18 Aug 2012 16:53:30 To: Tina M. Foster Subject: RE: (U//FOUO) Detainee Review Board Afghanistan New Representative UNCLASSIFIED//FOR OFFICIAL USE ONLY Ms. Foster, They have agreed to move the date of the Board back. I'm going to route it up to higher about your entrance to the DFIP. I will call you later this evening to work on specifics. Please look for either a 5 digit roshan number or I will try to get in contact with you through our larger call center. I'm still working with our board and the my superiors on the panel. V/r CPT Weissenfluh Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 15 of 36 EXHIBIT 4 Email dated August 23, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 16 of 36 From: Weissenfluh, Ingrid L CPT USA JLC Personal Representative Date: Thu, Aug 23, 2012 at 7:31 AM Subject: RE: (U//FOUO) Detainee Review Board Afghanistan New Representative To: "Tina M. Foster" UNCLASSIFIED//FOR OFFICIAL USE ONLY Ms. Foster, The date is 20 SEPTEMBER 2012. Does your network represent anyone else here in the facility? I want to be sure to extend the entrance memorandum to cover everyone as they have moved all habeas cases to one day based on travel time to Afghanistan. V/r CPT Ingrid Weissenfluh Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 17 of 36 EXHIBIT 5 Email (reply) dated August 23, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 18 of 36 From: Tina M. Foster Date: Thu, Aug 23, 2012 at 1:50 PM Subject: Re: (U//FOUO) Detainee Review Board Afghanistan New Representative To: "Weissenfluh, Ingrid L CPT USA JLC Personal Representative" Dear CPT Weissenfluh, We have 5 clients at the facility for whom we have filed habeas cases: Lotfi al-Ghrissi, ISN 1209 Amanatullah Ali, ISN 1432 Amin al-Bakri, ISN 1464 Redha al-Najar, ISN 1466 Fadi al-Maqaleh, ISN 1815 We represent several others who do not have habeas cases pending. -- Tina Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 19 of 36 EXHIBIT 6 Email dated August 27, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 20 of 36 From: Chaplin, Carrie USA LTC JLC Date: Mon, Aug 27, 2012 at 2:53 AM Subject: (U//FOUO) Detainee habeas cases To: Ramzi.kassem@mail.law.cuny.edu, Tina.foster@ijnetwork.org Cc: "Weissenfluh, Ingrid L CPT USA JLC Personal Representative" UNCLASSIFIED//FOR OFFICIAL USE ONLY Ms Foster, Mr Kassem I am the attorney supervisor for the personal representatives representing the detainees. Your clients, Mohammad Al Bakri, Fadi Admad, Ridha Ahmad Najjar and Lufti Al Abari Al Gharisi have all requested their boards be delayed until 20 September so you both can attend. Their request has been approved. Your names have been submitted for access and we are awaiting approval on that and I will advise once that occurs. For each case, please advise whether you intend to watch the open (unclassified) portion of the proceedings or testify as a witness. If you intend to just watch, you will be allowed into the hearing room during the open portion. If you intend to testify, you will be called into the hearing room after the Detainee has been read his rights and been given an opportunity to speak . As CPT Weissenfluh will question you, please advise on what matters you intend to speak on, keeping in mind that only relevant testimony is appropriate, whether the facts meet established criteria for detention and if so, whether the board recommends continued detention, release to home country, or prosecution. If you intend to only present documents CPT Weissenfluh can do that without your testimony. Of course matters discussed between CPT Weissenfluh, me, and you both, are confidential. If you want to meet with your clients, you will have to request that from Task Force Protector, as they are in charge of this facility. I Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 21 of 36 can forward any request. If you have any other questions, please feel free to email me directly. Thank You LTC Carrie Chaplin Detainee Assistance Center, Officer in Charge UNCLASSIFIED//FOR OFFICIAL USE ONLY Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 22 of 36 EXHIBIT 7 Email dated August 28, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 23 of 36 From: Weissenfluh, Ingrid L CPT USA JLC Personal Representative Date: Tue, Aug 28, 2012 at 6:54 AM Subject: RE: (U//FOUO) Detainee Review Board Afghanistan New Representative To: "Tina M. Foster" UNCLASSIFIED//FOR OFFICIAL USE ONLY Tina, I hope you got all the lawyer speak over with my supervisor. I'm going to put together a request on your behalf to have a face to face with ISN 1209, 1464,1466,1815. Again, I don't know if will be approved but it never hurts to ask. Please let me know if you need any further. V/r CPT Weissenfluh Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 24 of 36 EXHIBIT 8 Email dated August 29, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 25 of 36 From: Tina M. Foster Date: Wed, Aug 29, 2012 at 9:38 AM Subject: Re: Detainee habeas cases To: ramzi.kassem@mail.law.cuny.edu Cc: "Chaplin, Carrie USA LTC JLC" , "Weissenfluh, Ingrid L CPT USA JLC Personal Representative" Dear LTC Chaplin, Thank you so much for your email and efforts. My apologies for the delayed response, I am just back from out of town. With respect to our clients Fadi Ahmad al-Maqaleh, Reda al-Najar, and Lofti al-Ghrissi, I will testify, and Mr. Kassem will observe. With respect to our client Amin al-Bakri, Mr. Kassem will testify. I will observe. I am hoping to connect with CPT Weissenfluh today by telephone to discuss the scope of our testimony in each of the cases to ensure that if fits within appropriate parameters and will be helpful to the board. In summary, this will be information related to the detainees' (1) activities and associations prior to their detention, (2) prospects for repatriation and/or resettlement and our contacts with their home governments, and (3) governmental and family guarantees of support and/or monitoring post-release. Please let me know if you need any further information for your purposes. Thank you again for your assistance, and we look forward to visiting the base in a few weeks. Kind Regards, Tina M. Foster Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 26 of 36 EXHIBIT 9 Email dated August 31, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 27 of 36 From: Weissenfluh, Ingrid L CPT USA JLC Personal Representative Date: Fri, Aug 31, 2012 at 11:35 PM Subject: RE: (U//FOUO) diplomatic personnel To: "Tina M. Foster" UNCLASSIFIED//FOR OFFICIAL USE ONLY Tina, Thank you for the update. Will anyone from either Yemen or Tunisia try to attend in person? If so I need to alert our state department contact so they can work that issue as its well above me to get their invitations approved. The Task Force Commander would also like a letter from you on letterhead requesting to speak to your clients. I would advise going with the initial small group to test the process and if that works out going for everyone else at a later date. V/r CPT Weissenfluh Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 28 of 36 EXHIBIT 10 Email dated September 4, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 29 of 36 From: Chaplin, Carrie USA LTC JLC Date: Tue, Sep 4, 2012 at 7:16 AM Subject: (U//FOUO) access and visitation requests To: "Tina M. Foster" , ramzi.kassem@mail.law.cuny.edu Cc: "Weissenfluh, Ingrid L CPT USA JLC Personal Representative" UNCLASSIFIED//FOR OFFICIAL USE ONLY Ms Foster, Mr Kassem I have received both your request to appear as witnesses/observers in 4 DRBs and your request to meet privately with your 5 clients. Normally requests for family and non-official visitors to testify and observe are approved by the Commander, Combined Joint Interagency Task Force 435 (LTG Huber), delegated to Commander, Task Force Protector (COL Taradash). Requests for attorneys not representing the US Government to visit privately with clients' must be forwarded through Commander, USCENTCOM through Director Joint Staff, to Undersecretary of Defense for Policy (USD (P)) in coordination with DOD General Counsel, for approval. The Command's legal advisor has deemed that both requests must be forwarded through Commander, USCENTCOM through Director, Joint Staff, to USD (P) in coordination with DOD General Counsel, for approval. While I disagree about the request to attend the DRB, and have written a memorandum to that effect, I am forwarding both requests though my chain of command. I will advise if and when either request is granted. However, I have no idea when that may occur. We can always adjust the date of the DRB if necessary. Thank you for your cooperation. LTC Carrie Chaplin Officer in Charge Detainee Assistance Center Bagram, AFG Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 30 of 36 UNCLASSIFIED//FOR OFFICIAL USE ONLY Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 31 of 36 EXHIBIT 11 Email dated September 6, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 32 of 36 From: Weissenfluh, Ingrid L CPT USA JLC Personal Representative Date: Thu, Sep 6, 2012 at 6:25 AM Subject: (U//FOUO) Requests To: "Tina M. Foster" UNCLASSIFIED//FOR OFFICIAL USE ONLY Tina, Amin wanted to express that he and the rest of the habeas petitioners, understand that they may not be released based on the decision of the board but want to ensure for the future that they are treated with at least the same rights as Afghan detainees, who are transferred regularly to Afghan authority. They feel that it is only fair that they be subject to the decisions of their respective governments. He has expressed that if he is not allowed witnesses for the upcoming board he will refuse as will the others to participate in the process in the future. I am still waiting on the decision from higher headquarters in Kabul. V/r Ingrid Weissenfluh UNCLASSIFIED//FOR OFFICIAL USE ONLY Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 33 of 36 EXHIBIT 12 Email dated September 16, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 34 of 36 From: Chaplin, Carrie USA LTC JLC Date: Sun, Sep 16, 2012 at 4:58 AM Subject: RE: (U//FOUO) Detainee habeas cases To: ramzi.kassem@mail.law.cuny.edu, Tina.foster@ijnetwork.org Cc: "Weissenfluh, Ingrid L CPT USA JLC Personal Representative" UNCLASSIFIED//FOR OFFICIAL USE ONLY Ms Foster, Mr Kassem Your request to participate in the Detainee review boards for Lofti al Ghrissi, 1209; Amin al Bakri 1464; Redha al Najar 1466; and Fadi al Maqalah, and to meet personally with each to include Amanatullah Ali 1432, has been denied. Pls get with CPT Weissenfluh to arrange to be a telephone witness if you so choose and to send her any written exhibits. Thank you for your continued cooperation. LTC Carrie Chaplin JLC, Bagram DAC, OIC 318-481-0287 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 35 of 36 EXHIBIT 13 Email dated September 19, 2012 Case 1:06-cv-01669-UNA Document 83-2 Filed 09/24/12 Page 36 of 36 From: Weissenfluh, Ingrid L CPT USA JLC Personal Representative Date: Wed, Sep 19, 2012 at 11:18 PM Subject: RE: (U//FOUO) Could you give me a call? To: sylvia royce Cc: "Tina M. Foster" , ramzi.kassem@mail.law.cuny.edu UNCLASSIFIED//FOR OFFICIAL USE ONLY Ms. Royce, I've been working on the cases to ensure I have all the documents in. The DRB board will be conducted today. The detainees want no participation. As you were all reasonably available they wanted you as well as Tina and Ramzi to attend in person. It is not that they have lost hope they want to show that they are being treated differently even following all of the policies that are outlined by the facility. Afghans that are detained here all allowed to have in person witnesses who have in the pass travelled from the US and several other countries. Thank you all for putting your numbers in the header of their summaries as now the detainees have your numbers to call when they get their approved phone calls. V/r CPT Weissenfluh