Detained and denied in Afghanistan
Subtitle: how to make U.S. detention comply with the law
By: [this report was written by Daphne Eviatar]
Contributors: Human Rights First (Organization)
Publisher: Human Rights First
Published: 2011
Place of publication: New York, NY
Language: eng
Format: [electronic resource] :
Number of pages: 36
Subjects: Afghan War, 2001-; American Prisoners and prisons; Prisoners of war; Civil rights; Detention of persons; Due process of law; Administration of Justice; Government policy; Human rights
Description: After many years of completely denying detainees in Afghanistan the opportunity to defend themselves against arbitrary detention, the United States government has finally implemented a hearing process that allows detainees to hear the charges against them and to make a statement in their own defense. While a significant improvement, these new hearings fall short of minimum standards of due process required by international law. Only by providing detainees in Afghanistan an opportunity to defend themselves in a meaningful manner with the assistance of legal counsel and the opportunity to confront witnesses and the evidence against them can the United States ensure that it is imprisoning the right people. Moreover, only by providing real due process, and demonstrating by example what due process requires, can the United States expect to win the trust and respect of the Afghan people, who see themselves as vulnerable to U.S. military power. The United States' goal of helping Afghanistan improve its justice system is an important and laudable one. In the long term, it will help stabilize the country by encouraging Afghans' respect for their government and trust in their government institutions to protect them. Improving the administration of justice in national security cases will also directly help to ensure that violent insurgents remain incarcerated and cannot threaten Afghan national security. Even after the United States withdraws the bulk of its troops from Afghanistan, ongoing support for its fledgling justice system will be necessary, and critical to the country's stable development. Human Rights First urges the United States government to take a long-term view of the problem and to commit to civilian assistance for Afghan judges, lawyers and legal institutions far into the future.
Notes: "May 2011".

Title from cover screen (viewed May 11, 2011).

Mode of access: World Wide Web.

System requirements: Adobe Reader.
Table of contents: title: Executive summary.; title: Background.; title: The DRBs do not provide due process for detainees.; title: Lack of compensation for wrongful detention, theft or damage to property.; title: Transition of detention authority to Afghan control.; title: Recommendations.; title: Conclusion.; title: Timeline of detention events in Afghanistan.; title: Endnotes.