Press Statement
February 4, 2014 – The Afghanistan Detentions Working Group (DWG) is an advocacy coalition created by Afghan human rights and legal aid organizations focusing on conflict-related detention law, policy, and rule-of-law issues in Afghanistan. Since its establishment in 2009, the DWG has worked to ensure respect for the fundamental rights of detainees and prisoners in Afghanistan, particularly those detained in connection with the conflict.
The DWG welcomed the Afghanistan government’s assumption of control over U.S.-controlled detention facilities and U.S.-held detainees, finalized in March 2013. The detention of all individuals in Afghanistan should be held in a manner consistent with Afghan law and the Constitution.
As lawyers, the DWG has serious concerns regarding President recent decision in relation to illegal release of 86 detainees being held by the Government of Afghanistan at the Afghanistan National Defense Facility in Parwan (ANDF-P), often referred to as Bagram.
Whether initiated by the United States or Afghanistan, the release of detainees must be in accordance with the rule of law. Decisions to prosecute or release should be based on case-by-case assessment of the evidence by Afghan prosecutors and judicial officials, and through regular, transparent legal procedure. The decision to prosecute or release detainees should not be subject to any political interference.
The DWG calls on the Office of the President to make clear the legal and procedural basis for the release of such individuals, and in particular, address assertions that there exists evidence sufficient to prosecute some of the detainees recommended for release. The President should consult with the Attorney General Office (AGO), which should conduct an independent review of each detainee’s case and the available evidence and recommend prosecution or release, where appropriate.
The Afghanistan government’s assumption of control over U.S.-controlled detention facilities and legal custody over U.S.-held detainees was a milestone in the conflict in Afghanistan. We hoped that the transfer of the U.S. Detention Facility in Parwan to Afghan control would usher in an era of stronger rule of law when it comes to the rights of detainees captured as part of the conflict. Ensuring that not only the detention and prosecution but also the release of detainees is consistent with Afghan law and Constitution is absolutely essential to respect for justice and the rule of law in Afghanistan.
For further information or media inquiries, please contact the Afghanistan Detentions Working Group at: afg.detentions.working.group@gmail.com
