A/HRC/10/23 page 8 for which the Taliban claimed responsibility. In September 2008, there was a suicide attack on a United Nations convoy in Spin Boldak in which two World Health Organization doctors involved in the polio-eradication campaign and one UNAMA driver were killed. 24. Insurgents have also targeted private transport companies and construction workers. According to the Agency Coordinating Body for Afghan Relief, an umbrella group of non-governmental organizations, the situation has “forced many aid agencies to restrict the scale and scope of their development and humanitarian operations”. This effectively means that women and children as well as vulnerable people in need of assistance are unable to realize their right to receive life-saving humanitarian support and basic social services, including health and education in particular for girls. In this regard, it is essential to clarify the scale and nature of the humanitarian case load in order to identify those who are most in need of assistance. D. Conflict-related detention 25. The situation of persons arrested and detained in relation with the conflict remains of concern, in particular in view of the legal uncertainties regarding the basis for their continued detention. Detention of persons by international military forces in their operations is governed by the following rules: they may hold detainees for only 96 hours; the International Committee of the Red Cross must be informed; after 96 hours, detainees are to be either released or transferred to the Afghan authorities, generally, the National Department of Security (NDS). Some countries have signed Memorandums of Understanding (MoUs) with the Government regulating the transfer of such detainees and have obtained diplomatic assurances regarding their treatment, including that no transferee will be subject to the death penalty. The MoUs are not identical, but all provide for diplomatic representatives of that country, the Afghan Independent Human Rights Commission (AIHRC) and the International Committee of the Red Cross (ICRC) to have access to transferred detainees. There is however little information on the conditions and treatment of such detainees. NDS continues to operate without a public legal framework clearly defining its powers of investigation, arrest and detention, and rules applicable to its detention facilities. UNAMA has received complaints from individuals previously detained by NDS that they were tortured. The treatment of detainees by NDS, including those transferred from international military forces’ control, raises questions concerning responsibility of the relevant troop contributing countries under principles of international humanitarian and human rights law. 26. Individuals detained by Operation Enduring Freedom are held in a detention facility in Bagram Airbase governed by United States Department of Defense Directives. Detainees have no right to legal counsel or to trial before a court established by law and their status as combatants is to be determined by the Enemy Combatant Review Board. If qualified as an “enemy combatant”, detainees can only be released through the National Reconciliation Programme, transferred to the Ministry of Defense for prosecution by the Government of Afghanistan. Nationals of third countries are allegedly transferred to Guantánamo Bay Naval Base. Some individuals have reportedly been in detention at Bagram for as long as five years and some have allegedly been subjected to torture. According to former detainees at Bagram, there are approximately 630 detainees held there. ICRC has access to detainees, while UNAMA does not. At the end of 2008, Bagram authorities agreed to permit visitation rights to the relatives of certain detainees.

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