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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