On Thursday, November 21, 2013, a council of roughly 3,000 Afghan tribal elders, civic leaders and other prominent figures gathered to debate the draft bilateral security agreement (BSA) between Afghanistan and the United States. The council, referred to as a loya jirga (which means “grand council” in Pashto), was called by Afghan President Hamid Karzai to discuss and advise on the terms of the security pact. By the end of the four-day convention, the vast majority of the Jirga voted <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>
The Afghan Review Structure for Detainees After the United States-Afghanistan Detainee Transfer (Part 1)
The Afghan review procedures and standards for detainees who have been transferred from United States control contain numerous problems. The procedures are unclear; rules of evidence are obscure; and criteria for determining whether detainees are criminally prosecuted, detained without trial, or released, are ambiguous.
These problems have been amplified by a necessity to implement a complex review structure within a six-month deadline set by the Memorandum <Read More>
The Bagram Procedure