The United States has formally handed over control of Bagram prison to Afghan authorities. Yet despite this, U.S. officials say they still have the authority to "capture and detain" -- much to the dismay of the Afghan government, which has insisted that Afghans "on Afghan soil" can no longer be detained by the U.S. military. With disagreement over U.S. detention authority in Afghanistan continuing, RFE/RL's Frud Bezhan spoke to Chris Rogers, a human rights lawyer at the Open Society Foundation who works on civilian casualties and conflict-related detentions in Afghanistan and Pakistan.RFE/RL: The U.S. officially handed over control of Bagram prison to Afghan officials on Monday, ending the six-month transfer that began after an agreement was signed between the two countries in March. While some 3,000 detainees have been transferred to Afghan control, around 50 foreign prisoners and several hundred Afghans who were detained after the March agreement are still in American hands. Why is the issue still unresolved?
Chris Rogers: From our conversations with Afghan and American officials, it’s become very apparent that the two sides have very different views of what the Bagram handover means and what it will mean for the future of U.S. detention authority in Afghanistan. These questions remain unresolved and [touch on] some of the most fundamental issues that will be outstanding for several years; namely, what U.S. detention and military power will be in the sovereign nation of Afghanistan going forward.
RFE/RL: Afghan officials have said that no detentions will be carried out by the U.S. military in Bagram. Are there any loopholes in the handover agreement that give the U.S. some form of continued authority over the facility?
Rogers: I think one of the more important [loopholes] is the veto power the United States has over releases. The U.S. has to effectively approve individuals who are recommended or proposed for release by the Afghans. And so, in many ways, the Afghans do exercise an incredible amount of control over the process, prosecution, and review of these detainees' cases, but the United States has maintained some elements of power within the system from their perspective, to ensure that individuals who they deem security risks aren’t being released.
RFE/RL: You have said the partial handover of Bagram from U.S. to Afghan authority has created an internment regime which will allow the Afghan government to detain individuals without trial. Are there fears that this system will be subject to abuse?
Human rights lawyer Chris Rogers
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Human rights lawyer Chris Rogers
Chris Rogers: From our conversations with Afghan and American officials, it’s become very apparent that the two sides have very different views of what the Bagram handover means and what it will mean for the future of U.S. detention authority in Afghanistan. These questions remain unresolved and [touch on] some of the most fundamental issues that will be outstanding for several years; namely, what U.S. detention and military power will be in the sovereign nation of Afghanistan going forward.
RFE/RL: Afghan officials have said that no detentions will be carried out by the U.S. military in Bagram. Are there any loopholes in the handover agreement that give the U.S. some form of continued authority over the facility?
Rogers: I think one of the more important [loopholes] is the veto power the United States has over releases. The U.S. has to effectively approve individuals who are recommended or proposed for release by the Afghans. And so, in many ways, the Afghans do exercise an incredible amount of control over the process, prosecution, and review of these detainees' cases, but the United States has maintained some elements of power within the system from their perspective, to ensure that individuals who they deem security risks aren’t being released.
RFE/RL: You have said the partial handover of Bagram from U.S. to Afghan authority has created an internment regime which will allow the Afghan government to detain individuals without trial. Are there fears that this system will be subject to abuse?
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Human rights lawyer Chris Rogers