Detained and Denied in Afghanistan: How to Make U.S. Detention Comply with the Law

Detained and Denied in Afghanistan: How to Make U.S. Detention Comply with the Law examines the situation of more than 1700 detainees held at Bagram Air Base in Afghanistan - more than triple the number held by the Bush administration and around 10 times the number at Guantanamo Bay. It is based on observation of hearings given to detainees by the U.S. military in Sept. 2010 and Feb. 2011; an Afghan trial supported by the U.S. military; and interviews with former detainees, all of whom had been released from U.S. custody within the previous year. This report follows up on Human Rights First’s earlier report, issued two years ago, on US and Afghan detention practices in Afghanistan. The report finds that although improvements have been made, the current detention system is still plagued by failures to comply with international law. HRF’s recommendations for improvement include providing detainees with legal representation, and reducing the reliance on secret evidence at their hearings. Human Rights First also recommends that as the U.S. withdraws troops from Afghanistan, it maintain its commitment to civilian assistance for development of the rule of law.