US battles Iraq and Afghanistan over detention without charges

The Obama administration fights to spread its own values on the core, fundamental right of due process

For several decades, the US government - in annual "human rights" reports issued by the State Department (reports mandated by the US Congress) - has formally condemned nations around the globe for the practice of indefinite detention: imprisoning people without charges or any fixed sentence. These reports, said Secretary of State Hillary Clinton in her preface to last year's document, are grounded in the principle that "respect for human rights is not a western construct or a uniquely American ideal; it is the foundation for peace and stability everywhere." That 2011 report condemned numerous nations for indefinite detention, including Libya ("abuse and lack of review in detention"), Uzbekistan ("arbitrary arrest and detention"), Syria ("arbitrary arrest and detention"), and Iran ("Authorities held detainees, at times incommunicado, often for weeks or months without charge or trial").

In Afghanistan and Iraq, the US government is engaged in a fierce and protracted battle over the fundamental right to be free of indefinite detention. Specifically, the US is demanding that the governments of those two nations cease extending this right to their citizens. As a Washington Post article this morning details, Afghan President Hamid Karzai is insisting that the US fulfill its commitment to turn over all prisons, including the notorious facility at Bagram, to Afghan control, but here is one major impediment [emphasis added]:

"Afghan and U.S. officials have also disagreed on the issue of detention without trial. Washington wants the Afghan government to continue holding certain prisoners it views as dangerous, even if there is not enough evidence to try them.

"Aimal Faizi, the chief spokesman for Karzai, told reporters Monday that detention without trial is illegal in Afghanistan and that more than 50 Afghans are still being held in U.S. custody at Bagram, 35 miles northeast of Kabul, even though they have been ordered released by Afghan courts."

The US has long been demanding that the Afghan government continue the American practice of indefinite detention without charges, and still presses this demand even after the top Afghan court in September ruled that such detentions violate Afghan law. Human rights workers in Afghanistan have long pointed out that America's practice of imprisoning Afghans without charges is a major source of anti-American sentiment in the country. In a 2009 interview, Jonathan Horowitz of the Open Society Institute told me: "The majority of the people who I have spoken to cite the way that the US captures and detains people as their main complaint against the US, second only to civilian casualties."

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