US Detainee Transfers: What Responsibilities Does the US Have When Presented with the Risk of Torture in Afghan Prisons?

As recently reported by Mike Yang Zhang,[1] a United Nations report released on January 20, 2013 revealed “systematic torture” in many Afghan-controlled detention facilities.[2] Shortly after the U.N. report was released, a delegation was assigned by President Karzai to investigate the allegations of torture.[3] After a two-week investigation, the government panel “acknowledged widespread torture of detainees.”[4] The U.N. report proposed recommendations for eliminating these instances of torture, not only to the government of Afghanistan, but also to “Troop Contributing Countries.”[5] <Read More>


Afghanistan and the United States Struggle over Releases of Detainees

After control of much of the Bagram detention center was handed over to Afghanistan in 2012, President Karzai “ordered authorities to review the cases of more than 3,000 prisoners” held at Bagram.[1]  In the course of 2012, “570 detainees have been released after acquittal in Afghan courts.”[2]  Nearly 1,000 prisoners have been released in 2012 overall, including prisoners whose cases never reached the Afghan courts.[3] This post analyzes the factors underlying these releases, and reports on the latest developments in <Read More>


When Are Afghan Detainees Captured After March 9, 2012 Being Transferred? Part II

Part II- The U.S. Point of View and Multiple Interpretations of the MoU

In Part I, I discussed the signing of the MoU and the response of Afghan officials to the issue of detainees captured after March 9, 2012. Now, let us turn to the position of U.S. and allied officials.  The fact is that the U.S. continues to “process a steady stream of prisoners caught in night raids,”[1] and the U.S. <Read More>


When Are Afghan Detainees Captured After March 9, 2012 Being Transferred? Part I

When Are Afghan Detainees Captured After March 9, 2012 Being Transferred?

This two-part report will focus on Afghan detainees who have been captured and held in U.S. custody after the signing of the Memorandum of Understanding, and have yet to be transferred to Afghan control. Part I will provide some contextual information, as well as the various views of Afghan officials. Part II will focus on U.S. and allied <Read More>


U.S. Refuses to Transfer Some Detainees in Handover to Afghanistan

U.S. Refuses to Transfer Some Detainees in Handover to Afghanistan

 Part I:

The U.S. Demands That the Afghan Government Establish a Regime of Administrative Detention

The September 9, 2012 transfer of the Detention Facility in Parwan (DFIP) from U.S. to Afghan control was marked by controversy. In part one, this post will consider American insistence that Afghanistan implement a regime of administrative detention to alleviate the danger of the potential release of high value detainees. Part two will address Afghanistan’s <Read More>