Persons detained by the U.S. at the Detention Facility in Parwan (DFIP), also known as Bagram, may pose a continuing threat to our security. But the nature of that threat, and how the U.S. plans to mitigate it past 2014, are unknown. Before the U.S. repatriates detainees, it requires security assurances from the host nation. The specifics of the security assurances are largely unknown, and likely changing. But they may be a deciding factor in determining whether the U.S. is <Read More>
In an effort to capture enemy combatants during the War on Terror the United States implemented a bounty program offering monetary rewards for information on, or the surrender of, possible enemy combatants. The bounty system has been beneficial in bringing forward actionable information against enemy combatants because it has functioned as a strong motivator, but that may also have led to the detention of innocent civilians at both Guantanamo Bay and Bagram Airbase. Turning over individuals to U.S. troops was <Read More>
“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
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>
Track One: The Afghan Criminal Trial
As we have seen, on one track is a criminal trial under the Afghan court system, which is fraught with problems. While these trials are purportedly independent from direct U.S. participation, “[a]ll cases . . . referred for criminal prosecution are sent to the Justice Center in Parwan (JCIP), an Afghan national security court within the DFIP created in 2010 with extensive U.S. government support.” Afghanistan continuously and extensively relies on the U.S. to <Read More>
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>