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Arbitrary Justice:
Trials of Guantánamo and Bagram
Detainees in Afghanistan

Arbitrary Justice

About this Report
Human Rights First conducted research for this report in January-February 2008 in Kabul, Afghanistan, and follow-up research from New York. Human Rights First interviewed family members of Guantánamo returnees, a Block D defendant, defense lawyers, Afghan government officials, including prosecutors and judges, and officials from the U.S. embassy in Kabul. Human Rights First also observed two trials and examined court documents.

Table of Contents


Executive Summary

Guantánamo and Bagram Detentions

U.S.-Afghan Relationship Regarding Detainees

Block D, Pul-i-Charkhi

Conditions of Confinement
Family Visits

Prosecution of Guantánamo and Bagram Detainees

The Role of the National Directorate of Security in Investigations
The Evidence
Observations of Trial Proceedings

Procedural Concerns in the Conduct of Trials

Defendant's Right to Confront the Evidence
Use of Coerced Evidence
Access to Counsel and Preparation for Trial
Lack of Interpreter During Trial
Release of Detainees Post Trial

Conclusion and Recommendations

Appendices

A. Glossary
B. 2008 Presidential Decree
C. Report of Investigation
D. Enemy Combatant Review Board Recommendation
E. 2003 Guantánamo Release Agreement
F. 1987 Internal and External Security Act
G. Excerpts of 2004 Interim Criminal Procedure Code for Courts

Endnotes

Arbitrary Justice: Trials of Guantanamo and Bagram Detainees in Afghanistan

Table of Contents | Executive Summary | Guantanamo and Bagram Detentions | Block D, Pul-i-Charkhi | Prosecution of Guantanamo and Bagram Detainees | Procedural Concerns in the Conduct of Trials | Conclusion and Recommendations | Appendices | Endnotes |


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