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J Am Acad Psychiatry Law 37:4:533-537 (2009)
Copyright © 2009 by the American Academy of Psychiatry and the Law.
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ANALYSIS AND COMMENTARY

Allowing Independent Forensic Evaluations for Guantánamo Detainees

Neil Krishan Aggarwal, MD, MBA, MA

Dr. Aggarwal is Resident Physician, Department of Psychiatry, Yale University, New Haven, CT. Address correspondence to: Neil Krishan Aggarwal, Yale University, 300 George Street, New Haven, CT 06511. E-mail: neil.aggarwal{at}yale.edu

President Obama has pledged to review all cases prosecuted through the Guantánamo Military Commissions established under President George N. Bush. Such commissions, however, may have limited independent psychiatric evaluations for Guantánamo defendants. This article explores the legal foundations for evaluating Guantánamo detainees, analyzes the decisions of commissions through discussions with defense attorneys involved in the cases, and considers the medicolegal consequences of the Guantánamo commissions. Recommendations are offered to safeguard the ethical soundness of future forensic consultations.






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Copyright © 2009 by the American Academy of Psychiatry and the Law.