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| US plan to hold Afghan prisoners after transfer 'breaches deal with Kabul' | US plan to hold Afghan prisoners after transfer 'breaches deal with Kabul' |
| (30 days later) | |
| US forces will continue to hold prisoners in Afghanistan even after they transfer their main detention centre to Afghan authorities this week, a report from a rights group said, in a decision likely to anger Kabul officials who believed they had won control of all Afghan detainees. | US forces will continue to hold prisoners in Afghanistan even after they transfer their main detention centre to Afghan authorities this week, a report from a rights group said, in a decision likely to anger Kabul officials who believed they had won control of all Afghan detainees. |
| Afghanistan has also created a system of indefinite detention without trial for some inmates transferred from the US system. Afghan lawyers have warned that this is unconstitutional and sets a dangerous precedent for the country's security forces. | Afghanistan has also created a system of indefinite detention without trial for some inmates transferred from the US system. Afghan lawyers have warned that this is unconstitutional and sets a dangerous precedent for the country's security forces. |
| "Administrative detention" is used by US forces when prisoners are deemed a threat but there is not enough evidence for a criminal prosecution. It was needed as grounds to hold some prisoners, Afghan officials said, but may not be limited to those held in the Bagram jail. | "Administrative detention" is used by US forces when prisoners are deemed a threat but there is not enough evidence for a criminal prosecution. It was needed as grounds to hold some prisoners, Afghan officials said, but may not be limited to those held in the Bagram jail. |
| "There are some very serious problems about the scope of the [detention]," said Rachel Reid, regional director at Open Society Foundations, which published the Remaking Bagram report. | "There are some very serious problems about the scope of the [detention]," said Rachel Reid, regional director at Open Society Foundations, which published the Remaking Bagram report. |
| "There is no time limit on it, there is very little clarity about who they can detain, how long they hold them, what the conditions are and what due process rights they have when they are held," she told a news conference in Kabul to launch the report. | "There is no time limit on it, there is very little clarity about who they can detain, how long they hold them, what the conditions are and what due process rights they have when they are held," she told a news conference in Kabul to launch the report. |
| Afghan President Hamid Karzai had for years demanded control of the prison in Bagram, outside Kabul, arguing that it was a serious violation of Afghan sovereignty to have US soldiers holding Afghans captive in their own country. | Afghan President Hamid Karzai had for years demanded control of the prison in Bagram, outside Kabul, arguing that it was a serious violation of Afghan sovereignty to have US soldiers holding Afghans captive in their own country. |
| The US agreed to the transfer in March, to help seal a "strategic partnership" deal that lays the foundation for a long-term relationship between the two allies, and a US military presence beyond 2014. | The US agreed to the transfer in March, to help seal a "strategic partnership" deal that lays the foundation for a long-term relationship between the two allies, and a US military presence beyond 2014. |
| But US forces are now apparently at odds with the Afghan government over what the agreement binds them to, the report said. They plan to keep at least two detention blocks in the Bagram jail, as well as continuing to take Afghan prisoners. | But US forces are now apparently at odds with the Afghan government over what the agreement binds them to, the report said. They plan to keep at least two detention blocks in the Bagram jail, as well as continuing to take Afghan prisoners. |
| "They believe they have a continued authority to capture and detain Afghans on Afghan soil where they need to for security reasons," Reid said. Some 600 have been captured since the transfer was agreed, and the terms of their transfer are unclear, she added. | "They believe they have a continued authority to capture and detain Afghans on Afghan soil where they need to for security reasons," Reid said. Some 600 have been captured since the transfer was agreed, and the terms of their transfer are unclear, she added. |
| The Nato-led coalition said the pact with the Afghan government set a date only for the transfer of existing prisoners, not for all prison facilities, and left US forces with the right "to continue to capture, process and then transfer detainees". | The Nato-led coalition said the pact with the Afghan government set a date only for the transfer of existing prisoners, not for all prison facilities, and left US forces with the right "to continue to capture, process and then transfer detainees". |
| Afghan officials however see this as a violation of their agreement. "We cannot allow allies and friendly countries to have detention centres here. This is illegal," the report quotes national security advisor Rangin Dadfar Spanta saying. | Afghan officials however see this as a violation of their agreement. "We cannot allow allies and friendly countries to have detention centres here. This is illegal," the report quotes national security advisor Rangin Dadfar Spanta saying. |
| At the time of the signing ceremony more than 3,000 prisoners, most of them Afghans, were being held in the detention centre; they will all be handed over to Afghan authorities by the official transfer on Monday. Around half will face criminal trials, but at least 50 are already in "administrative detention" that the government argues is legal under international law. | At the time of the signing ceremony more than 3,000 prisoners, most of them Afghans, were being held in the detention centre; they will all be handed over to Afghan authorities by the official transfer on Monday. Around half will face criminal trials, but at least 50 are already in "administrative detention" that the government argues is legal under international law. |
| "The constitution says freedom is the right of every human being, so if we see that a person is detained without any crime, its a violation of his rights," said Rohullah Qarizada, president of the Afghan Independent Bar Association, going on to detail at least five articles of the constitution violated by the detention without trial. | "The constitution says freedom is the right of every human being, so if we see that a person is detained without any crime, its a violation of his rights," said Rohullah Qarizada, president of the Afghan Independent Bar Association, going on to detail at least five articles of the constitution violated by the detention without trial. |
| There are also concerns about the fate of around 50 foreign prisoners held at Bagram. "Most Afghans do not want the Americans to keep holding these third-country nationals in Afghanistan as if it is some kind of mini-Guantánamo," Reid said. "They have said very clearly to us that they want the Americans to hand over these non-Afghans to them or take them out of the country." | There are also concerns about the fate of around 50 foreign prisoners held at Bagram. "Most Afghans do not want the Americans to keep holding these third-country nationals in Afghanistan as if it is some kind of mini-Guantánamo," Reid said. "They have said very clearly to us that they want the Americans to hand over these non-Afghans to them or take them out of the country." |
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