Bagram: Who is Still Being Detained?

“After a while I lost all hope that I would ever leave Bagram. I accepted that I would never be free.”

Jibran, ex-detainee from Bagram[1]                              

This statement reflects the longstanding problems with the indefinite detention at Bagram. In the immediate aftermath of the September 11th attacks, many individuals were captured by US forces to obtain information and restore the nation’s security. Today, there are over 50 people detained by the United States at Bagram with no release date in sight. The <Read More>


Al Maqaleh Revisited: Has Anything Changed?

Part III

Al Maqaleh Revisited: Has Anything Changed?

In Part II I explored the application of habeas outside the U.S. to foreigners in Boumediene and Al Maqaleh. The Al Maqaleh court ended up deciding habeas does not apply to the detainees in Bagram. But the circuit court’s decision in Al Maqaleh did not mark the end of the road for the Bagram detainees in court.

A new claim was made in the U.S. District Court for the District of Columbia on April 4, <Read More>


Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

Part II

 Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

With a right to habeas the foreign detainees in Afghanistan would have a chance to challenge their detention in court, and have a greater chance of avoiding indefinite detention. However habeas rights are not always guaranteed to foreigners held by the U.S. outside our borders.

The Supreme Court addressed the availability of habeas corpus (a constitutional right to challenge the legitimacy of one’s detention) outside the U.S. in <Read More>