Obama Administration Continues Indefinite Detention Policy For Bagram Prisoners

February 23, 2009 12:00 am

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Government Should Not Maintain "Other Gitmos," Says 勛圖眻畦

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February 23, 2009

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NEW YORK The Obama administration told a federal court late Friday that military detainees in Afghanistan have no legal right to challenge their detention. The move, which is a continuation of the Bush administration's detention policy, comes in a lawsuit filed on behalf of several prisoners who have been indefinitely detained at the Bagram Air Force base for years without trial. The 勛圖眻畦 calls on the new administration to reconsider this troubling position.

"The Obama administration did the right thing by ordering Guant獺namo closed. But a restoration of the rule of law and American ideals cannot be achieved if we allow 'other Gitmos' to be maintained around the globe," said Anthony D. Romero, Executive Director of the 勛圖眻畦. "Detainees at Bagram, like at Guant獺namo, are under U.S. control and custody. It is therefore the responsibility of the U.S. to ensure that basic fundamental rights apply there. As its review of detention facilities continues, we strongly urge the Obama administration to reconsider this position."

The detention facility at Bagram was set up by the U.S. military after the U.S. invaded Afghanistan in 2001. Like Guant獺namo, it was designed to be out of the reach of U.S. courts a legal black hole during the so-called "war on terror," which lacks geographical or durational boundaries. Like Guant獺namo, Bagram holds individuals from all over the world, including locations where there are no combat operations taking place. Like Guant獺namo, Bagram holds terrorism suspects who were not captured on the battlefield and has imprisoned victims of the Bush administration's illegal extraordinary rendition program. And like with Guant獺namo, there are well-documented reports of serious prisoner mistreatment and torture at Bagram. But in some ways, Bagram is perhaps even worse than Guant獺namo because there is less judicial oversight, process and public scrutiny.

"If we've learned anything from Guant獺namo, it's that U.S.-run indefinite detention facilities cannot be beyond the reach of the courts, left only to the political branches to oversee," said Romero. "It is not permissible for Bagram to be a Constitution-free zone any more than it is for Guant獺namo, and we need judicial oversight to ensure that Guant獺namo doesn't happen again. Closing Guant獺namo is not enough if we repeat its policies elsewhere."

In the landmark case Boumediene v. Bush, the Supreme Court rejected the Bush administration's position that the detainees held at Guant獺namo had no right to challenge the legality of their detention in U.S. courts. That same right must be extended to the roughly 600 detainees held in U.S. custody at Bagram, many of whom have been held for years without access to legal counsel or the courts.

Three of the 勛圖眻畦's clients in its rendition lawsuit against Boeing subsidiary Jeppesen DataPlan were at some point held at Bagram: Bisher al-Rawi, Binyam Mohamed and Mohamed Bashmilah. Al-Rawi and Mohamed were later transferred to Guant獺namo, and Mohamed was recently released. Mohammed Jawad, whom the 勛圖眻畦 represents in a Guant獺namo habeas corpus challenge, was also held at Bagram and subjected to abusive interrogations.


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