A/HRC/16/67 refused to release detainees who had been found innocent by the courts claiming that those acquittals were based on intimidation of judges or corruption. 47. Of equal concern are individuals detained during counter-insurgency operations by United States forces in Afghanistan. UNAMA has been following reforms in United States military operational procedures since September 2009, including the implementation of revised detainee review procedures and broader detention reforms in Afghanistan. United States forces closed the Bagram Theater Internment Facility and transferred all detainees to a new facility inside Bagram known as the Detention Facility in Parwan. They introduced new policies that included the establishment of a Detainee Review Board (DRB) and revised procedures for reviewing detention at the new facility. New DRB procedures afford detainees a personal representative to assist them during the proceedings, improved notification procedures, and the ability to attend hearings and call witnesses that are “reasonably available”. 48. While the new United States military detention review procedures are a marked improvement on previous practices, many points of concern still remain regarding detainee access to fair trial guarantees. OHCHR/UNAMA observed how these new procedures are being implemented, including the monitoring of DRB hearings. This review body determines whether a detainee in United States custody meets the criteria for detention, including whether he or she shall be released without conditions or transferred to Afghan authorities for criminal prosecution or participation in a reconciliation program. Detainees have no right to defence counsel in these proceedings, but rather are represented by an assigned personal representative (usually a military officer), who assists them with preparing and presenting their case and with challenging evidence. While these individuals are supposed to act in the best interests of their assigned detainee, very few representatives are available - only nine personal representatives to process more than 1,000 cases per year – limiting the effectiveness of the representation. Also, there are extreme restrictions on the amount of information available to a detainee under review as the United States forces made a great deal of information classified and therefore not directly available to detainees. Such restrictions result in a process in which a detainee and his or her representatives have a very difficult time mounting a credible defence. Since January 2010, approximately 1,500 individuals have undergone DRB hearings with a full release occurring in only 8 per cent of cases, an indicator that effective assistance of counsel is at least questionable in the majority of these review cases. OHCHR/UNAMA has proposed to the military that efforts be made to guard against arbitrary detention and to allow detainees a more meaningful mechanism to challenge their detention. VI. A. Support to national institutions National Priority Programme for Human Rights and Civic Responsibility 49. OHCHR/UNAMA actively supported the participation of representatives of civil society and the AIHRC at the Kabul Conference held on 20 July. At the Kabul Conference, the Government pledged to implement, with civil society and the AIHRC, the National Priority Programme for Human Rights and Civic Responsibilities under the Governance Cluster. The Programme highlights the importance of human rights, legal awareness and civic education programmes targeting communities across Afghanistan to foster a more informed public and civil society, and to increase Government accountability. The AIHRC is the lead in coordinating activities among line ministries and civil society groups. OHCHR/UNAMA has been playing a supporting role as a member of the Programme Working Group. 14

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