Bagram: Still a Black Hole for Foreign Prisoners

Back in March 2009, three foreign prisoners seized in other countries and rendered to the main US prison in Afghanistan, at Bagram airbase, where they had been held for up to seven years, secured a legal victory in the District Court in Washington D.C., when Judge John D. Bates ruled that they had habeas corpus rights; in other words, the right to challenge the basis of their imprisonment under the “Great Writ” that prevents arbitrary detention.

The men — amongst dozens of foreigners held in Afghanistan — secured their legal victory because Judge Bates recognized that their circumstances were essentially the same as the prisoners at Guantánamo, who had been granted habeas corpus rights by the Supreme Court in June 2008.

Unfortunately, the Obama administration appealed Judge Bates’ careful and logical ruling, and the judges of the D.C. Circuit Court agreed, overturning the ruling in May 2010, and returning the three men to their legal black hole.

In April 2011, the Associated Press reported that the three men — Redha al-Najar, a Tunisian seized in Karachi, Pakistan in May 2002; Amin al-Bakri, a Yemeni gemstone dealer seized in Bangkok, Thailand in late 2002; and Fadi al-Maqaleh, a Yemeni seized in 2004 and sent to Abu Ghraib before Bagram — had all been cleared for release by review boards at Bagram, or, as it is now known, the Parwan Detention Facility. Read the rest of this entry »

Obama Considers Repatriating Foreign Prisoners from Bagram

Ten years ago, foreign prisoners, seized in other countries, began to arrive in the US prison at Bagram airbase in Afghanistan. Some were held in a secretive part of the prison, and had often passed through other secret facilities in Afghanistan or elsewhere. The majority of these prisoners ended up in Guantánamo, but some were stealthily repatriated at various times. Others, however, continued to be held, beyond the rule of law.

The prison never conformed to the Geneva Conventions, which were, essentially, discarded when the Bush administration decided to hold prisoners in its “war on terror” as “illegal enemy combatants,” and have never been reinstated. Moreover, the prisoners remained beyond the law even when the Supreme Court granted habeas corpus rights to the Guantánamo prisoners in June 2004, and again in June 2008, after Congress had tried to remove these rights in the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 (PDF).

In March 2009, in Washington D.C., District Judge John D. Bates briefly brought this era of secrecy and unaccountability to an end, granting the habeas corpus petitions of three foreign prisoners — Redha al-Najar, a Tunisian seized in Karachi, Pakistan in May 2002; Amin al-Bakri, a Yemeni gemstone dealer seized in Bangkok, Thailand in late 2002; and Fadi al-Maqaleh, a Yemeni seized in 2004. Read the rest of this entry »

British Court Orders Release of Bagram Prisoner Rendered by UK from Iraq, Held for Seven Years

In an extraordinary ruling in the UK yesterday (PDF), the Court of Appeal ordered the British government to secure the release of a prisoner, Yunus Rahmatullah, who is 29 years old, and has been held in the US prison at Bagram airbase in Afghanistan since March 2004. Born in Pakistan but raised in the Gulf States, Yunus was seized by British forces nearly eight years ago, in February 2004, and was then “handed to the US and illegally rendered to Afghanistan,” as the London-based legal action charity Reprieve, whose lawyers represent him, along with lawyers from Leigh Day & Co., explained in a press release.

Despite being held for nearly eight years, Yunus, also known as “Saleh Huddin,” was held incommunicado, unable even to contact his family, for six years, and has only recently been allowed to establish telephone contact with his relatives. Reprieve noted its lawyers and investigators had been “told by multiple sources that, as a result of his abuse in UK and US custody, he is in catastrophic mental and physical shape, and now spends most of his time in the mental health cells at Bagram.”

As Reprieve explained, this “historic decision” also “marks the first time any civilian legal system has penetrated Bagram, a legal black hole where nearly three thousand prisoners — many rendered from all over the world — have been unlawfully held by the US military for up to a decade.” Unlike at Guantánamo, itself an opaque and unjust facility, but one where civilian lawyers have had access since the Supreme Court granted the prisoners habeas corpus rights in June 2004, no civilian lawyer has ever been allowed into Bagram, which, as Reprieve described it, “is notorious for torture and homicides and has been called ‘Guantánamo’s Evil Twin.’” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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