2008 / 46 pp
Arbitrary Justice documents how detainees from Guantanamo Bay, Cuba and Bagram Airbase, Afghanistan are being tried in Afghan courts based on allegations provided by the United States, with little or no evidence.
At the time of publication, more than 250 persons had been transferred to the Afghan National Detention Facility in Pul-i-Charkhi prison located in the outskirts of Kabul. Of the 160 persons referred for prosecutions, over 60 have been convicted in trials that violate fair trial standards.
The report, based on trial observations, examination of court documents, and interviews, outlines the problems in these proceedings such as the lack of prosecution witnesses and out-of-court prosecution witnesses to support the charges. The report also provides information about conditions of confinement, family visits, and U.S. involvement in justice sector reform issues in Afghanistan.
Arbitrary Justice makes specific policy recommendations to both the Afghan and U.S. governments. The report provides insights on how to improve the process of transferring detainees from U.S. custody to their home countries for criminal prosecutions, but that any such trials must be in accordance with international fair trial standards.