The Afghan Review Structure for Detainees After the United States-Afghanistan Detainee Transfer (Part 2)

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.”[1]  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 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[1]  set by the Memorandum <Read More>


Secretary of State for Foreign & Commonwealth Affairs v. Rahmatullah

In October, 2012 the Supreme Court of the United Kingdom considered whether a detainee captured by British troops and handed over to the military forces of the United States in Iraq may be returned by habeas writ to the U.K.[1] The detainee could not be produced by writ of habeas corpus, the court concluded, as the U.K. no longer exercised sufficient control over the prisoner.[2]

In 2004, British forces detained Yunus Rahmatullah, a Pakistani citizen, in a region <Read More>


The Role of the Personal Representative (“PR”) Before the Detainee Review Board: The Detainee’s “Counsel”

Various detainee review processes have been established in Afghanistan since the commencement of U.S. military operations. In January 2010, Joint Task Force (“JTF”) 435 assumed control of the Detainee Review Boards (“DRBs”) and all detention procedures in Afghanistan.[i] Under JTF 435, substantial changes were made to afford detainees greater rights during the DRB process, which is an administrative hearing.[ii] These improvements include the right of a detainee to the assistance of a Personal Representative (“PR”) before and during his DRB.

PRs <Read More>


Detainee Review Boards and U.S. Criminal Law: A Comparative View

The earliest U.S. detention operations in Afghanistan began in November 2001.[i] Largely restricted to temporary installations managed by members of the Afghan Northern Alliance[ii] working in concert with U.S. Special Forces, detention centers remained decentralized until the Bagram Collection Point (BCP) came into use by May 2002.[iii] Soon after the BCP became the primary detention site in Afghanistan, the first detainee review practices were developed. Throughout numerous iterations these practices, currently known as Detainee Review Boards (DRBs), have been modified <Read More>