FOIA Request re Mortuary Affairs Records from Guantanamo

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

I seek all documents from September 11, 2001 and February 19, 2002 related to activities by Mortuary Affairs department at Guantanamo, inclusive of Joint Task Force 160 and 170, or any other department at Guantanamo Bay Naval Base which handles mortuary affairs. Such documents would include, as an example, all reports, memoranda, emails, faxes, or other electronic or handwritten material, and also any magnetic material, such as videotape or audio recordings, pertinent to this request. If any is considered non-releasable, I ask that what is not classified or declassified be segregated such that it can be released.

I note that according to the minutes of the February 19, 2002 meeting of the Armed Forces Epidemiological Board (AFEB), a Navy Captain Alan Yund described activities of "mortuary affairs" at Guantanamo during this period. For reference, see http://www.health.mil/dhb/afeb/meeting/Transcripts/Day1Transcripts.pdf. Hence, there is documentary evidence of activities by "mortuary affairs" at Guantanamo during this period.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jeffrey Kaye

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

Marco T. Villalobos
Command FOIA Manager

Dear Marco,

Thanks for requesting clarification. I am asking for information FROM September 11, 2001 TO February 19, 2002. I am NOT asking for information on those two days only, but for all dates inclusive of the two dates above.

Regards,
Jeff Kaye

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

Hello,

The most recent written response for this request was the attached from November.

Thank you.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SC 14-008.

Thank you for your help.

Feb. 25, 2015

Marco T. Villalobos
Command FOIA Manager
United States Southern Command
9301 NW 33rd | Doral, FL 33172

Re: FOIA reference number #SC 14-008

Dear Mr. Villalobos,

I have been very patient waiting on this FOIA. I am formally asking for an estimated date of completion for this FOIA, as is my statutory right. It is my intention, failing to receive a date of estimated completion, to take this particular case to the FOIA ombudsman at the Office of Government Information Services, who handles complaints on FOIA processing matters.

I do appreciate your efforts, but do wish to have that date of completion, or explanation of why that cannot be given.

Sincerely,
Jeff Kaye, Ph.D.
Muckrock News

To Whom It May Concern:

This FOIA request have been forwarded to your office for processing. Confirmation of receipt and an estimated date of completion would be greatly appreciated.

Thank you.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-008-S.

Thank you for your help.

For e-mail to Steven H. Vanderwerff at Bureau of Medicine and Surgery: steven.h.vanderwerff.civ@mail.mil

Dear Mr. Vanderwerff,

I am following up per our phone discussion on April 22 regarding a FOIA request to SOUTHCOM that reportedly was transferred to the Bureau of Medicine and Surgery (BUMED).

The original request, submitted by myself via the news agency Muckrock.com, was sent to SOUTHCOM on October 23, 2013. The request asked for "all documents from September 11, 2001 and February 19, 2002 related to activities by Mortuary Affairs department at Guantanamo, inclusive of Joint Task Force 160 and 170, or any other department at Guantanamo Bay Naval Base which handles mortuary affairs. Such documents would include, as an example, all reports, memoranda, emails, faxes, or other electronic or handwritten material, and also any magnetic material, such as videotape or audio recordings, pertinent to this request."

The FOIA request was given the case control number SC-14-008-S by SOUTHCOM's FOIA office.

On February 25, 2015, Mr. Marco Villalobos, the Command FOIA Manager at SOUTHCOM, wrote to me at Muckrock, explaining that Southern Command "is not the repository Agency of the records you seek. The repository Agency for these records is under the purview of the Navy Bureau of Medicine.... Accordingly, your request has been referred to this Agency for their processing and
direct reply to you." (Mr. Villalobos states his contact number is (305) 437-1108.)

To date, I have received no reply or any other indication from BUMED that the FOIA request was received by them, and I am grateful for your offer to follow-up on this matter and determine what has happened to that request and who has been put in charge of this request at this point.

I do not know if this is under your purview, but if you can communicate my wish that this matter be handled in an expedited manner, it would be appreciated. It took 16 months for SOUTHCOM to determine they were not the holder of the requested records. While that is not the fault of BUMED or its personnel, BUMED is part of the government, and as a matter of courtesy to the public and the news media, I ask that due to the previous delay, the FOIA request I made in regards to the Mortuary Affairs record, be so expedited.

Many thanks for your attention to this.

Sincerely,
Jeffrey Kaye
MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-008-S.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 23, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-008-S.

Thank you for your help.

Dr. Kaye,

I received your request on or about the 20th of May. We looked at your
request and now just waiting on the Formal Release Letter to be reviewed by
the Commanding Officer prior to release. I can tell that in your request for
Joint Task Force information we could not disclose that information. I
reached out to the Joint Task Force Lawyers and they asked that you resubmit
that through Mr. Villalobos, where I saw you had originally submitted in 2013.
As soon as Full Release Memo is signed I will mail to at the address provided.

r/Senior Chief Laxa

HMCS(SW/AW) Richard Laxa
Senior Enlisted Leader
Directorate For Medical Services
Command Legal Officer
Command Fitness Leader
USNH Guantanamo Bay, Cuba
FPO AE 09589-0002
Office: (011-5399) 72378
DSN: 660-2998/ Opt. 1/ Ext. 2378
Comm: (011-5399) 72378
Cell: 84355/ (011-5399) 84355
Email: Richard.laxa@med.navy.mil

Dear Sam,

Thanks for your prompt response. It's very much appreciated. Thanks also for the proper email address for Marco Villalobos.

I look forward to hearing about the date of projected completion for SC 14-008.

As for SC 13-056, I am dismayed that the estimated completion date is as late as October, but it is good to have something in hand. Along those lines, I wonder if it is possible, as with the Southcom releases on Adnan Latif, if as portions of that FOIA are completed they can be released earlier, in sections, so to speak. For instance, if the AR-15-6 on Mr. Hanashi were completed before that of Mr. Al Amri (or vice versa), if that could be released, rather than wait on completion re clearance of both reports? The same is true for any significant portion of each report. That would be very helpful, and I think not inconsistent with agency practice.

Thanks again very much.

Sincerely, Jeff

Dear Sam,

Thanks very much for your continuing attention to these matters. As regards SC 14-008, I previously had supplied a link in my correspondence with FOIA offices that referenced the fact Guantanamo had experienced deaths in the very early days it started receiving detainees in the "war on terror." That link, which went to a document from the Armed Forced Epidemiological Board from Feb. 19, 2002, previously posted online, is now dead. But I am attaching a copy of that document, as it may be pertinent in searching for the related documents which are the matter of my FOIA request. The pertinent information is on page 108 of that document.

If you could pass this along to those who are or will be working on this FOIA request (SC 14-008), I would appreciate it.

Thanks again for all you attention to this.

Sincerely,
Jeff

Jeffrey Kaye, Ph.D.

A reply was sent to Dr. Jeffrey Kaye on the 1st of July with email copy and
certified mail was sent that week to the address provided.

r/Senior Chief Laxa

HMCS(SW/AW) Richard Laxa
SEL Directorate For Medical Services
Command Legal Officer
Command Fitness Leader
USNH Guantanamo Bay, Cuba
FPO AE 09589-0002
Office: (011-5399) 72378
DSN: 660-2998/ Opt. 1/ Ext. 2378
Comm: (011-5399) 72378
Cell: 84355/ (011-5399) 84355
Email: Richard.laxa@med.navy.mil

HMCS(SW/AW) Richard Laxa
SEL Directorate For Medical Services
Command Legal Officer
Command Fitness Leader
USNH Guantanamo Bay, Cuba
FPO AE 09589-0002
Office: (011-5399) 72378
DSN: 660-2998/ Opt. 1/ Ext. 2378
Comm: (011-5399) 72378
Cell: 84355/ (011-5399) 84355
Email: Richard.laxa@med.navy.mil

Dear Mr. Laxa,

Due to an error on my own part, I have misplaced the contents of what was sent to me for my FOIA #14-008-S. That FOIA concerned "documents from September 11, 2001 and February 19, 2002 related to activities by Mortuary Affairs department at Guantanamo, inclusive of Joint Task Force 160 and 170, or any other department at Guantanamo Bay Naval Base which handles mortuary affairs." If you could resend your response and any accompanying materials, it would be much appreciated. I prefer you send it to Muckrock News, or alternately, please resend to the address you had previously for me. I am willing to pay any copying or mailing fees for this.

Thanks, Jeff Kaye

Dear Mr. Villalobos,

It is over two years since your last update on this FOIA request. You said then that the matter was pending final review from an outside agency. Please update the situation with FOIA case SC 14-008-S.

Sincerely,
Jeffrey Kaye