DFIP

Handoff of Detention Facility in Parwan Marred: Afghan Government Places Higher Value on Rule of Law Than US

Following on the heels of the initial agreement that was virtually meaningless from the start, because the US still retained veto power of many of Afghanistan’s moves, the US today allowed Afghanistan to hold a “splendid” ceremony marking the “complete” handoff of prison control to Afghanistan. As might be expected, the handoff is not complete, and the US is still insisting it retains many powers the Afghans dispute.

Khaama provides a summary of the ceremony:

U.S. officials handed over formal control of Afghanistan’s only large-scale U.S.-run prison to Kabul on Monday, even as disagreements between the two countries over the Taliban and terror suspects held there marred the transfer.

Control of the jail has been hailed by Kabul as a victory for sovereignty, but analysts said it was largely a symbolic measure, as Nato prepares to leave Afghanistan after more than a decade fighting an insurgency.

/snip/

“I’m happy that today we are witnessing a glorious ceremony that marks the handing over of responsibilities of Afghan prisoners to Afghans themselves,” acting defence minister Enayatullah Nazari said.

Multiple reports point to the establisment of an Afghan system for prolonged detention of prisoners without charges as the primary area of disagreement. The New York Times provides the transcription of the US government’s position on the dispute:

The coalition would not say what its concerns were, but some Afghan officials have raised objections to the system of no-trial detention that the United States insisted the Afghan government embrace at Parwan. This system allows the continued imprisonment of wartime prisoners deemed too difficult to prosecute but too dangerous to release.

The Times provides no basis for how we are to understand that these detainees are both “too difficult to prosecute” and “too dangerous to release”. How are we to understand the danger these prisoners pose if the evidence against them is not tested in a court?

The Washington Post dances around the edges of this issue, suggesting that the US position is governed by classified evidence, but that this practice has drawn “international criticism”:

 The United States has held suspected militants for years on the basis of classified, undisclosed evidence, drawing international criticism.

Writing in Foreign Policy, Chris Rogers summarizes the situation in more detail, drawing on a report from Open Society Foundations (funded by George Soros), for which he is an attorney:

This partial handover has come at a high cost for Afghanistan: the creation of a new internment regime that will allow the Afghan authorities to detain without trial. A number of Afghan officials have called this new regime unconstitutional and fear it will be subject to abuse.

The creation of an Afghan internment regime appears to have been introduced largely at the behest of the United States, in order to facilitate the handover of U.S. held detainees, and satisfy the U.S. desire for a lasting internment system on the Afghan side into which it could continue to transfer future captures. Continue reading

Emptywheel Twitterverse
JimWhiteGNV RT @TBTimes_Rays: You can only hope to contain #Rays C Jose Molina, who swiped his 3rd bag of the season at the back end of a double steal.…
17mreplyretweetfavorite
JimWhiteGNV RT @ArifCRafiq: Please also visit Gaza. MT @MikeBloomberg This evening I will be flying on El Al to Tel Aviv to demonstrate that it is safe…
18mreplyretweetfavorite
bmaz @WilliamOckhamTx Pretty much that whole area of the world appears to be GohmertLand.
20mreplyretweetfavorite
bmaz The only way in the world @John_Dingell could earn more love is to say he doesn't know similarly worthless chumps Kanye West, JayZ+Beyonce.
22mreplyretweetfavorite
bmaz I have never been prouder of @John_Dingell in my life than him not knowing squat about the worthless Kardashian idiot clan.
23mreplyretweetfavorite
JimWhiteGNV RT @onekade: The rockets are extremely dangerous and horrible but also Israel is open for business as usual, nothing to fear! Ok
27mreplyretweetfavorite
bmaz It appears the Ukranian government has the combined credibility of Peter King and Steve Stockman. #GoodEnoughForJoshEarnestAndCNN
52mreplyretweetfavorite
JimWhiteGNV RT @Ali_Gharib: We are so terrorized by rockets that we need to make war. We are so safe that you should fly all your planes here.
55mreplyretweetfavorite
emptywheel After Bloomberg proves it's save to fly into Ben-Gurion, can he also prove it's safe to sail a relief flotilla into Gaza?
58mreplyretweetfavorite
emptywheel @BondInNewYork Actually apparently his jets were flying into LGA after he tried to cut small jet traffic to it. http://t.co/bNmovrGqtj
1hreplyretweetfavorite
emptywheel Then again, how often does Mike Bloomberg use airports that the little people use? SURELY he can't use LGA, JFK.
1hreplyretweetfavorite
emptywheel Bloomberg Air doesn't care what the stinking FAA says! (Bet he flies his own drones too.)
1hreplyretweetfavorite
July 2014
S M T W T F S
« Jun    
 12345
6789101112
13141516171819
20212223242526
2728293031