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Parwan Detention Facility
{{Multiple issues|
{{More citations needed|date=January 2020}}
{{cleanup tense|date=January 2020}}
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{{Use mdy dates|date=July 2017}}
[[File:Aerial view of the new Bagram Theater Internment Facility.jpg|thumb|500px|Aerial view of the Parwan Detention Facility during its completion in 2009.]]
The '''Parwan Detention Facility''' (also called '''Detention Facility in Parwan''') is [[Afghanistan]]'s main [[military prison]]. Situated next to the [[Bagram Air Base]] in the [[Parwan Province]] of Afghanistan, the prison was built by the United States during the Bush Administration. The Parwan Detention Facility, which houses foreign and local [[Unlawful combatant|combatants]] ([[terrorism|terrorists]]), is maintained by the [[Afghan National Army]].

It was formerly known by the United States as the Bagram Collection Point. While initially intended as a temporary facility, it has been used longer and handled more detainees than the US [[Guantanamo Bay detention camp]] in Cuba.<ref>{{cite news|url=https://www.independent.co.uk/news/world/asia/bagram-detention-centre-now-twice-the-size-of-guantanamo-768803.html|title=Bagram detention centre now twice the size of Guantanamo|last=Gumbel|first=Andrew|date=January 8, 2008|work=[[The Independent]]|accessdate=July 24, 2017|url-status=live|archive-url=https://archive.today/20200115234855/https://www.independent.co.uk/news/world/asia/bagram-detention-centre-now-twice-the-size-of-guantanamo-768803.html|archive-date=January 15, 2020}}</ref> As of June 2011, the Parwan detention facility held 1,700 prisoners; there had been 600 prisoners under the [[Presidency of George W. Bush|Bush administration]]. None of the prisoners has received [[POW]] status.<ref name="salon1" /><ref name="bush">{{cite news|url=https://www.salon.com/2008/07/03/afghanistan/|title=Bush vows more troops for Afghanistan, but Mullen doesn't have them|last=Benen|first=Steve|date=July 3, 2008|work=[[Salon (magazine)|Salon]]|accessdate=July 24, 2017|url-status=live|archive-url=https://web.archive.org/web/20170326063103/https://www.salon.com/2008/07/03/afghanistan/|archive-date=March 26, 2017}}</ref>

The treatment of inmates at the facility has been under scrutiny since two Afghan detainees died in the 2002 [[Bagram torture and prisoner abuse]] case. Their deaths were classified as homicides, and prisoner abuse charges were made against seven American soldiers. Concerns about lengthy detentions here have prompted comparisons to U.S. detention centers in [[Guantanamo Bay]] on Cuba and [[Abu Ghraib prison|Abu Ghraib]] in Iraq. Part of the internment facility is called the [[black jail]].<ref name="salon1"/><ref name="ChurchReport">{{cite web|url=http://www.defenselink.mil/news/Mar2005/d20050310exe.pdf|title=ISTF Final Report|last=Church|first=Albert T.|authorlink=Albert T. Church|date=March 10, 2005|publisher=[[United States Department of Defense|Department of Defense]]|url-status=dead|archiveurl=https://web.archive.org/web/20050313171104/http://www.defenselink.mil/news/Mar2005/d20050310exe.pdf|archivedate=March 13, 2005|accessdate=December 9, 2007}}</ref>

==Physical site==
[[File:Constructing the cells at the new BTIF -a.jpg|thumb|Construction of the new detention facility]]
[[File:Bagram prison cell.jpg|thumb|Inside view of a cell after completion in 2009]]
[[File:Multi-bed housing at Parwan.jpg|thumb|Inside the multi-bed room]]
[[Bagram Air Base]] was established by the United States in the 1950s.<ref>{{cite web|url=https://www.meridian.org/insmallthingsremembered/president-dwight-d-eisenhower-inspects-the-honor-guard-upon-arrival-at-bagram-airport|title=President Dwight D. Eisenhower inspects the honor guard upon arrival at Bagram Airport.|publisher=[[Meridian International Center]]|url-status=live|archive-url=https://web.archive.org/web/20190518113608/https://www.meridian.org/insmallthingsremembered/president-dwight-d-eisenhower-inspects-the-honor-guard-upon-arrival-at-bagram-airport|archive-date=May 18, 2019|accessdate=June 1, 2015}}</ref><ref>{{cite web|url=https://www.meridian.org/insmallthingsremembered/president-eisenhower-is-welcomed-at-the-airport-by-king-zahir-shah-afghan-government-officials-and-children|title=President Eisenhower is welcomed at the airport by King Zahir Shah, Afghan government officials, and children.|publisher=[[Meridian International Center]]|url-status=live|archive-url=https://web.archive.org/web/20190518124604/https://www.meridian.org/insmallthingsremembered/president-eisenhower-is-welcomed-at-the-airport-by-king-zahir-shah-afghan-government-officials-and-children|archive-date=May 18, 2019|accessdate=June 1, 2015}}</ref> It was used by the [[Red Army]] during the 1980s [[Soviet–Afghan War]].<ref name=GlobalSecurityBagram1>{{cite web|url=http://www.globalsecurity.org/military/world/afghanistan/bagram.htm|title=Afghanistan – Bagram Airbase|publisher=[[Global Security]]|accessdate=September 24, 2007}}</ref><ref name="Bbc20070227">{{Cite news|url=http://news.bbc.co.uk/2/hi/south_asia/4672491.stm|title=Bagram: US base in Afghanistan|date=February 27, 2007|accessdate=September 24, 2007|url-status=live|archive-url=https://web.archive.org/web/20190622170153/http://news.bbc.co.uk/2/hi/south_asia/4672491.stm|archive-date=June 22, 2019|publisher=[[BBC News]]}}</ref> The airfield included large hangars that fell into disrepair during the 1990s civil war. After the removal of the Taliban and the formation of the [[Presidency of Hamid Karzai|Karzai administration]], the United States took control of the base. It did not need the volume of hangar space, so it built a detention facility inside the large unused hangars. Like the first facilities later built at Guantanamo's [[Camp X-Ray]], the cells were built of [[wire mesh]]. Only captives held in [[solitary confinement]] have individual cells.<ref name=RadioFreeEurope20061005/> The other captives share larger open cells with other captives.

According to some accounts, captives were provided with shared buckets to use as toilets, and did not have access to running water.<ref name=MoazzamBeggBBush>{{cite web|url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2869-2990.pdf#62|title=Moazzqam Begg v. George W. Bush|date=July 2, 2004|page=62|publisher=[[United States Department of Defense]]|accessdate=September 24, 2007|archive-url=https://web.archive.org/web/20071204195321/http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_2869-2990.pdf#62|archive-date=December 4, 2007|url-status=dead}}</ref> Although captives share their cells with dozens of other captives, there were reports in 2006 that they were not allowed to speak with one another, or to look at one another.<ref name="RadioFreeEurope20061005">{{Cite news|url=https://www.rferl.org/a/1071811.html|title=Afghanistan: Kabul Seeks Release Of More Bagram Detainees|last=Synovitz|first=Ron|date=October 5, 2006|accessdate=April 27, 2007|url-status=live|publisher=[[Radio Free Europe / Radio Liberty]]}}</ref>

During an interview on ''[[Now on PBS]]'', Chris Hogan, a former interrogator at Bagram, described the prisoners' cells as they were in early 2002:<ref name="NowPbs20060728">{{cite news|url=https://www.pbs.org/now/shows/230/detention-facilities.html|title=Interview: Chris Hogan on U.S. Detention Facilities|date=July 28, 2006|work=[[Now on PBS]]|accessdate=September 24, 2007|url-status=live|archive-url=https://web.archive.org/web/20070310143719/http://www.pbs.org/now/shows/230/detention-facilities.html|archive-date=March 10, 2007}}</ref>

{{Quote|I can't speak to what the conditions may be like now. But in my tenure, the prison population lived in an abandoned Soviet warehouse. The warehouse had a cement floor and it was a huge square-footage area.

On the floor of that, what must have been some sort of an airplane hangar, six prison cages were erected, which were divided by [[concertina wire]]&nbsp;... Those prison cages had a wooden floor, a platform built above the cement floor of the hangar. Each prisoner had a bunch of blankets, a small mat, and in the back of each one of those cages was a makeshift toilet, the same type of toilet that the soldiers used, which was a 50-gallon drum, halved with diesel fuel put in the bottom of it and a wooden kind of seat to that platform&nbsp;... It's very similar, incidentally, to the conditions that the soldiers lived in; almost identical.}}

According to an article by [[Tim Golden (journalist)|Tim Golden]], published in the January 7, 2008, issue of ''[[The New York Times]]'', captives in the Bagram facility were still being housed in large communal pens.<ref name="NYTimes20080107">{{Cite news|url=https://www.nytimes.com/2008/01/07/world/asia/07bagram.html|title=Defying U.S. Plan, Prison Expands in Afghanistan|last=Golden|first=Tim|date=January 7, 2008|work=[[The New York Times]]|accessdate=January 7, 2008|url-status=live|archive-url=https://archive.today/20130130174941/http://www.nytimes.com/2008/01/07/world/asia/07bagram.html?_r=0|archive-date=January 30, 2013|author-link=Tim Golden (journalist)|url-access=limited}}</ref>

Permanent replacement facilities for the original temporary facilities of 2001 were completed in September 2009.<ref name="TheNation2009-11-16">
{{Cite news|url=http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/print/Politics/16-Nov-2009/New-US-Afghan-prison-unveiled|title=New US Afghan prison unveiled|date=November 16, 2009|work=[[The Nation (Pakistan)|The Nation]]|url-status=dead|archiveurl=https://www.webcitation.org/query?url=http%3A%2F%2Fwww.nation.com.pk%2Fpakistan-news-newspaper-daily-english-online%2Fprint%2FPolitics%2F16-Nov-2009%2FNew-US-Afghan-prison-unveiled&date=2009-11-16|archivedate=November 16, 2009|agency=[[Reuters]]}}</ref> According to [[Reuters]]'','' transfer of the then 700 captives to the new facilities was to begin in late November 2009, to be completed by the end of the calendar year. [[Brigadier general (United States)|Brigadier General]] [[Mark Martins]], Bagram's commandant, told reporters that the facility had always met international and domestic standards.<ref name="TheNation2009-11-16" />

Although the new facility is near the previous facility, DoD sources sometimes refer to it as the Parwan facility, rather than Bagram.<ref name="Afps-2010-08-06">
{{cite news|url=http://www.defense.gov/News/NewsArticle.aspx?ID=103004|title=Task Force Ensures Fair Detainee Treatment, Commander Says|last=Daniel|first=Lisa|date=August 6, 2010|accessdate=August 12, 2010|url-status=dead|archive-url=https://web.archive.org/web/20130713190757/http://www.defense.gov/News/NewsArticle.aspx?ID=103004|archive-date=July 13, 2013|publisher=[[American Forces Press Service]]|quote=For those transferred to the detention center at Parwan, a detainee review board must be held within 60 days, and every 60 days thereafter, to determine whether the person still poses a threat that warrants continued detention.}}
</ref>

On December 11, 2014, the US Armed Forces transferred the facility to the Afghan government.{{Citation needed|date=January 2020}}

==Torture and prisoner abuse==
{{Main|Bagram torture and prisoner abuse}}
At least two deaths have been verified in the last decade{{when|date=December 2018}}: captives are known to have been [[beaten]] to death by [[G.I. (military)|GI]]s manning the facility, in December 2002.<ref name=DoD20041014>{{Cite press release|url=http://www4.army.mil/ocpa/read.php?story_id_key=6450|title=Army completes investigations of deaths at Bagram and forwards to respective commanders for action|publisher=[[United States Department of Defense]]|date=October 14, 2004|accessdate=September 24, 2007|archiveurl=https://web.archive.org/web/20071224110128/http://www4.army.mil/ocpa/read.php?story_id_key=6450|archivedate=December 24, 2007}}</ref>

Captives who were confined to both Bagram and the [[Guantanamo Bay detention camp]] have recounted that, while in Bagram, they were warned that if they did not cooperate more fully, they would be sent to a worse site in [[Cuba]].<ref name="CsrtAbdullahKhan1">[{{DoD detainees ARB|Set_52_3643-3869.pdf}} Allegations and response], from
[[Abdullah Mohammad Khan]]'s  [[Combatant Status Review Tribunal]] – pages 59–63. [https://web.archive.org/web/20161011035931/http://www.dod.mil/pubs/foi/Reading_Room/Detainee_Related/Set_52_3643-3869.pdf Archived] from the original on October 11, 2016.
</ref><ref name="CsrtAbdullahKhan2">[{{DoD detainees ARB|Set_52_3643-3869.pdf}} Summarized transcripts], from [[Abdullah Mohammad Khan]]'s  [[Combatant Status Review Tribunal]] – pages 14–20. [https://web.archive.org/web/20170311133741/http://www.dod.mil/pubs/foi/Reading_Room/Detainee_Related/Set_52_3643-3869.pdf Archived] from the original on March 11, 2017.</ref> Captives who have compared the two camps have said that conditions were far worse in Bagram.<ref name="NyTimes050520">{{Cite news|url=https://www.nytimes.com/2005/05/20/international/asia/20abuse.html|title=In U.S. Report, Brutal Details of 2 Afghan Inmates' Deaths|last=Golden|first=Tim|date=May 20, 2005|work=[[The New York Times]]|accessdate=March 27, 2007|url-status=live|archive-url=https://archive.today/20120906002605/http://www.nytimes.com/2005/05/20/international/asia/20abuse.html?_r=1|archive-date=September 6, 2012|author-link=Tim Golden (journalist)}}</ref>

In May 2010, nine Afghan former detainees reported to the [[International Committee of the Red Cross]] (ICRC) that they had been held in a separate facility (known as the [[black jail]]) where they had been subject to isolation in cold cells, sleep deprivation, and other forms of [[torture]]. The U.S. military denies there is a separate facility for detainees.<ref name="BBC20100511Andersson" />

In early 2012, Afghan President [[Hamid Karzai]] ordered that control of the Parwan Detention Facility be handed over to Afghan authorities after some inmates complained of being [[strip search]]ed and put in [[solitary confinement]].<ref>{{Cite news|url=https://news.yahoo.com/karzai-demands-us-hand-over-bagram-prison-133056568.html|title=Karzai demands US hand over Bagram prison|last=Lekic|first=Slobodan|date=January 5, 2012|work=[[Yahoo! News]]|url-status=dead|archive-url=https://web.archive.org/web/20130405205434/https://news.yahoo.com/karzai-demands-us-hand-over-bagram-prison-133056568.html|archive-date=April 5, 2013|agency=[[Associated Press]]}}</ref><ref>{{cite news|url=https://www.theage.com.au/world/karzai-demands-us-hand-over-prison-to-afghans-20120106-1pohr.html|title=Karzai demands US hand over prison to Afghans|last1=Boone|first1=Jon|date=January 7, 2012|work=[[The Age]]|accessdate=July 24, 2017|url-status=live|archive-url=https://archive.today/20200116003920/https://www.theage.com.au/world/karzai-demands-us-hand-over-prison-to-afghans-20120106-1pohr.html|archive-date=January 16, 2020|last2=Kabul}}</ref><ref>{{cite news|url=https://www.washingtonpost.com/world/war-zones/karzai-demands-transfer-of-us-military-prison-to-afghan-control/2012/01/05/gIQAm5b9cP_story.html|title=Karzai demands transfer of U.S. military prison near Bagram to Afghan control|last=Sieff|first=Keivn|date=January 5, 2012|work=[[The Washington Post]]|accessdate=July 24, 2017|url-status=live|archive-url=https://web.archive.org/web/20140902084241/https://www.washingtonpost.com/world/war-zones/karzai-demands-transfer-of-us-military-prison-to-afghan-control/2012/01/05/gIQAm5b9cP_story.html|archive-date=September 2, 2014|url-access=limited}}</ref>

==High profile escapes==
When the GIs implicated in the December 2002 homicides were about to face [[court martial]], four prisoners escaped from Bagram. At least one of these was a prosecution witness, and was thus unable to testify.<ref name="Bbc20070227"/><ref name="rferl">{{Cite news|url=https://www.rferl.org/a/1059859.html|title=Afghanistan: Manhunt Continues For Four Suspected Al-Qaeda Fighters|last=Synovitz|first=Ron|date=July 12, 2005|url-status=live|archive-url=https://web.archive.org/web/20200116003754/https://www.rferl.org/a/1059859.html|archive-date=January 16, 2020|publisher=[[Radio Free Europe / Radio Liberty]]}}
</ref>

==Legal status of detainees==
The [[George W. Bush administration]] avoided using the label "[[prisoner of war]]" when discussing the detainees held at Bagram, preferring to immediately classify them as "[[unlawful enemy combatants]]". This way, it is not necessary under the [[Geneva Conventions]] to have a [[competent tribunal]] determine their classification. (In previous conflicts such as the [[Vietnam War]], [[Army Regulation 190-8 Tribunal]]s determined the status of [[prisoner of war|prisoners of war]].)

The administration also initially argued that these detainees could not access the US legal system. However, the [[United States Supreme Court]]'s ruling in ''[[Rasul v. Bush]]'' confirmed that captives in US jurisdiction did indeed have the right to access US courts. ''Rasul v. Bush'' determined that the [[Executive Branch]] did not have the authority, under the [[United States Constitution]], to suspend the right for detainees to submit [[habeas corpus|writs of ''habeas corpus'']].

Another consequence of the Supreme Court's ruling in ''Rasul v. Bush'' was the establishment of [[Combatant Status Review Tribunal]]s to review and confirm the information that initially led each captive to be classified as an enemy combatant. The [[United States Department of Defense|Department of Defense]] (DoD) convened these tribunals for every captive in Guantanamo Bay, but they did not apply to Bagram. The current legal process governing the status of Bagram captives is the Enemy Combatant Review Board, described by [[Eliza Griswold]] in ''[[The New Republic]]'':

{{Quote|Prisoners don't even have the limited access to lawyers available to prisoners in Guantánamo. Nor do they have the right to Combatant Status Review Tribunals, which Guantánamo detainees won in the 2004 Supreme Court ruling in ''Hamdi v. Rumsfeld.'' Instead, if a combat commander chooses, he can convene an Enemy Combatant Review Board (ECRB), at which the detainee has no right to a personal advocate, no chance to speak in his own defense, and no opportunity to review the evidence against him. The detainee isn't even allowed to attend. And, thanks to such limited access to justice, many former detainees say they have no idea why they were either detained or released.}}

On February 20, 2009, the Department of Justice under President [[Barack Obama]] announced it would continue the policy that detainees in Afghanistan could not challenge their detention in US courts.<ref>{{Cite news|url=https://www.cbc.ca/news/world/obama-administration-backs-bush-grants-no-rights-to-bagram-prisoners-1.860853|title=Obama administration backs Bush, grants no rights to Bagram prisoners|date=February 20, 2009|work=|access-date=January 22, 2017|url-status=live|archive-url=https://web.archive.org/web/20170202005350/https://www.cbc.ca/news/world/obama-administration-backs-bush-grants-no-rights-to-bagram-prisoners-1.860853|archive-date=February 2, 2017|publisher=[[CBC News]]|agency=[[Associated Press]]}}</ref>

On April 2, 2009, US District Judge [[John D. Bates]] ruled that those Bagram captives who had been transferred from outside Afghanistan could use ''habeas corpus''.<ref name="Bbc2009-04-02">{{Cite news|url=http://news.bbc.co.uk/2/hi/americas/7979885.stm|title=Foreign detainees 'have US right'|date=April 2, 2009|accessdate=April 2, 2009|url-status=live|archive-url=https://web.archive.org/web/20170320063342/http://news.bbc.co.uk/2/hi/americas/7979885.stm|archive-date=March 20, 2017|publisher=[[BBC News]]}}</ref> Ramzi Kassem, the lawyer for one of the men, stated:<ref name="Bbc2009-04-02" />

{{quote|Today, a US federal judge ruled that our government cannot simply kidnap people and hold them beyond the law.}}

The [[Obama administration]] appealed the ruling. A former [[Guantanamo Bay attorneys|Guantanamo Bay defense attorney]], [[Neal Katyal]], led the government's case.<ref>{{Cite news|url=https://www.npr.org/templates/story/story.php?storyId=112861671|title=Rights Groups Decry U.S. Stand on Bagram Detainees|author=Shapiro|first=Ari|date=September 15, 2009|work=[[All Things Considered]]|accessdate=March 8, 2010|url-status=live|archive-url=https://web.archive.org/web/20170501220424/https://www.npr.org/templates/story/story.php?storyId=112861671|archive-date=May 1, 2017|publisher=[[National Public Radio]]|authorlink=Ari Shapiro}}</ref><ref>{{Cite news|url=http://www.politico.com/blogs/joshgerstein/0110/A_Gitmo_bar_turncoat.html|title=A Gitmo bar turncoat?|author=Gerstein|first=Josh|date=January 5, 2010|work=[[Politico]]|accessdate=March 8, 2010|url-status=live|archive-url=https://web.archive.org/web/20160530005816/http://www.politico.com/blogs/under-the-radar/2010/01/a-gitmo-bar-turncoat-023884|archive-date=May 30, 2016}}</ref> The decision was reversed on May 21, 2010, the appeals court unanimously ruling that Bagram detainees have no right to ''habeas corpus'' hearings.<ref>{{Cite news|url=https://www.nytimes.com/2010/05/22/world/asia/22detain.html|title=Detainees Barred From Access to U.S. Courts|author=Savage|first=Charlie|date=May 21, 2010|work=[[The New York Times]]|accessdate=May 22, 2010|url-status=live|archive-url=https://web.archive.org/web/20170827055332/https://www.nytimes.com/2010/05/22/world/asia/22detain.html|archive-date=August 27, 2017|author-link=Charlie Savage|url-access=limited}}</ref>

{{Quote|There is a reason we have never allowed enemy prisoners detained overseas in an active war zone to sue in federal court for their release. It simply makes no sense and would be the ultimate act of turning the war into a crime.|Senator [[Lindsey Graham]]}}

==Captives access to video link==
On January 15, 2008, the ICRC and the US military set up a pilot project to allow certain well behaved prisoners not in solitary confinement in Bagram to communicate with visitors over a videolink.<ref name="IcrcVideoLink20080115">{{Cite news|url=http://southasia.oneworld.net/article/view/156921/1/1893|title=Visual chat facility for Afghan prisoners|date=January 15, 2008|accessdate=January 17, 2008|url-status=dead|archive-url=https://web.archive.org/web/20080118200650/http://southasia.oneworld.net/article/view/156921/1/1893|archive-date=January 18, 2008|publisher=[[Integrated Regional Information Networks]]|via=[[OneWorld.net]]}}</ref>
The ICRC will provide captives' families with a subsidy to cover their travel expenses to the video-link's studio.{{Update inline|date=January 2020|reason=}}

==General Douglas Stone's report on the Bagram captives==
In August 2009, a general in the [[United States Marine Corps Reserve]] filed a 700-page report on the Bagram internment facility and its captives.<ref name="NPR2009-08-20">{{Cite news|url=https://www.npr.org/templates/story/story.php?storyId=112051193|title=U.S. Gen. Urges Release of Bagram's Detainees|author=Tom Bowman, Steve Inskeep and Renee Montagne|first=Tom|date=August 20, 2009|work=[[Morning Edition]]|access-date=|url-status=live|archiveurl=https://www.webcitation.org/query?url=http%3A%2F%2Fwashingtonindependent.com%2F55715%2Fu-s-general-admits-most-bagram-detainees-should-be-released&date=2009-08-22|archivedate=August 22, 2009|publisher=[[National Public Radio]]|last2=Inskeep|first2=Steve|last3=Montagne|first3=Renee}}</ref><ref name="WashingtonIndepedent2009-08-20">{{Cite news|url=http://washingtonindependent.com/55715/u-s-general-admits-most-bagram-detainees-should-be-released|title=U.S. General: Most Bagram Detainees Should Be Released|author=Eviatar|first=Daphne|date=August 20, 2009|work=[[The Washington Independent]]|url-status=dead|archiveurl=https://www.webcitation.org/query?url=http%3A%2F%2Fwashingtonindependent.com%2F55715%2Fu-s-general-admits-most-bagram-detainees-should-be-released&date=2009-08-22|archivedate=August 22, 2009}}</ref>
According to senior officials who have been briefed by [[Major General]] [[Douglas M. Stone (general)|Douglas Stone]], he reports,

<blockquote>up to 400 of the 600 prisoners at the U.S.-run prison at the Bagram Air Base in Afghanistan have done nothing wrong and should be released.</blockquote>

According to Daphne Eviatar, writing in the ''[[Washington Independent]]'', Stone recommended that the USA should try to rehabilitate any genuine enemies it holds, rather than simply imprisoning them.

==General Stanley McChrystal's assessment==
According to Chris Sands, writing in ''[[The National (Abu Dhabi)|The National]]'', General [[Stanley McChrystal]] wrote in a leaked report:

<blockquote>Committed Islamists are indiscriminately mixed with petty criminals and sex offenders, and they are using the opportunity to radicalise and indoctrinate them&nbsp;... hundreds are held without charge or without a defined way ahead.<ref name="TheNational2009-10-15">
{{Cite news|url=http://www.thenational.ae/apps/pbcs.dll/article?AID=/20091015/FOREIGN/710149840/1135|title=Prisons' legacy haunts Afghanistan|author=Sands|first=Chris|date=October 15, 2009|work=[[The National (Abu Dhabi)|The National]]|url-status=dead|archiveurl=https://www.webcitation.org/query?url=http%3A%2F%2Fwww.thenational.ae%2Fapps%2Fpbcs.dll%2Farticle%3FAID%3D%2F20091015%2FFOREIGN%2F710149840%2F1135&date=2009-10-25|archivedate=October 25, 2009}}</ref></blockquote>

According to ''[[The Guardian]]'', McChrystal wrote:<ref name="TheGuardian2009-10">{{Cite news|url=https://www.theguardian.com/world/2009/oct/14/afghanistan-prisoners-radicalise-insurgents|title=US to tackle breeding ground for insurgents in Afghan jails: Ex-Taliban officials advise taskforce on ways to de-radicalise inmates and reform prisons|author=Boone|first=Jon|date=October 14, 2009|work=[[The Guardian]]|url-status=live|archiveurl=https://web.archive.org/web/20180928202758/https://www.theguardian.com/world/2009/oct/14/afghanistan-prisoners-radicalise-insurgents|archivedate=September 28, 2018}}</ref>

<blockquote>There are more insurgents per square foot in corrections facilities than anywhere else in Afghanistan. Unchecked, Taliban/al-Qaida leaders patiently co-ordinate and plan, unconcerned with interference from prison personnel or the military.</blockquote>

==Detainees==
{{main|Detainees held in the Bagram Theater Internment Facility}}
According to [[Tim Golden (journalist)|Tim Golden]] of ''[[The New York Times]]'', in 2008, the number of people held in Bagram had doubled since 2004, while the number of people held in Guantanamo had been halved.<ref name="NYTimes20080107"/>

A graphic published to accompany Golden's article showed approximately 300 captives in Bagram, and approximately 600 in Guantanamo, in May 2004, and showed the reverse in December 2007.<ref name="NYTimesBagramGraphic20080107">{{Cite news|url=http://graphics8.nytimes.com/images/2008/01/06/world/07bagram.graph.190.jpg <!-- http://graphics8.nytimes.com/images/2008/01/06/world/0107-for-webBAGRAMsub.gif -->|title=Where the Detainees Have Been Held|author=Golden|first=Tim|date=January 7, 2008|work=[[The New York Times]]|accessdate=January 7, 2008|url-status=live|author-link=Tim Golden (journalist)}}</ref>

On August 23, 2009, the [[United States Department of Defense]] reversed its policy on revealing the names of its captives in Afghanistan and Iraq, including the Bagram Theater Internment Facility<ref name="NYTimes2009-08-23">{{Cite news|url=https://www.nytimes.com/2009/08/23/world/middleeast/23detain.html|title=U.S. Shifts, Giving Detainee Names to the Red Cross|author=Schmitt|first=Eric|date=August 22, 2009|work=[[The New York Times]]|accessdate=August 23, 2009|url-status=live|archive-url=https://web.archive.org/web/20190718043346/https://www.nytimes.com/2009/08/23/world/middleeast/23detain.html|archive-date=July 18, 2019|url-access=limited}}</ref><ref name="WAToday2009-08-23">{{Cite news|url=https://www.watoday.com.au/world/us-backdown-on-secret-suspects-in-camps-20090824-evkc.html|title=US backdown on secret suspects in camps|author=Miller|first=Greg|date=August 23, 2009|work=[[WAtoday]]|url-status=live|archiveurl=https://web.archive.org/web/20180814114615/https://www.watoday.com.au/world/us-backdown-on-secret-suspects-in-camps-20090824-evkc.html|archivedate=August 14, 2018}}</ref>
and announced that their names would be released to the ICRC. In January 2010, the names of 645 detainees were released. This list was prompted by a [[Freedom of Information Act (United States)|Freedom of Information Act]] lawsuit filed in September 2009 by the [[American Civil Liberties Union]], whose lawyers had also demanded detailed information about conditions, rules and regulations.<ref>{{cite news|url=https://www.nytimes.com/2010/01/17/world/asia/17afghan.html|title=Bagram Detainees Named by U.S.|last1=Rubin|first1=Alissa J.|date=January 16, 2010|work=[[The New York Times]]|accessdate=July 24, 2017|url-status=live|archive-url=https://web.archive.org/web/20190629062424/https://www.nytimes.com/2010/01/17/world/asia/17afghan.html|archive-date=June 29, 2019|last2=Rahimi|first2=Sangar|author-link=Alissa J. Rubin|url-access=limited}}</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/south_asia/8462894.stm|title=US releases names of prisoners at Bagram, Afghanistan|date=January 16, 2010|accessdate=July 24, 2017|url-status=live|archive-url=https://web.archive.org/web/20190613080956/http://news.bbc.co.uk/2/hi/south_asia/8462894.stm|archive-date=June 13, 2019|publisher=[[BBC News]]}}</ref>

The number of people imprisoned sharply increased under the [[Obama administration]], reaching 1,700 in June 2011.<ref name="salon1"/>

==Reports of new Bagram review boards==
On September 12, 2009, it was widely reported that unnamed officials told [[Eric Schmitt (journalist)|Eric Schmitt]] of [[The New York Times]]'' that the [[Obama administration]] was going to introduce new procedures that would allow the captives held in Bagram, and elsewhere in Afghanistan, to have their detention reviewed.<ref name="NYTimes2009-09-12">{{Cite news|url=https://www.nytimes.com/2009/09/13/world/asia/13detain.html|title=U.S. to Expand Review of Detainees in Afghan Prison|author=Schmitt|first=Eric|date=September 12, 2009|work=[[The New York Times]]|accessdate=September 12, 2009|url-status=live|archive-url=https://web.archive.org/web/20170705162106/https://www.nytimes.com/2009/09/13/world/asia/13detain.html|archive-date=July 5, 2017|authorlink=Eric Schmitt (journalist)|url-access=limited}}</ref><ref name="Bbc2009-09-13">{{Cite news|url=http://news.bbc.co.uk/2/hi/south_asia/8253023.stm|title=US plans Afghan prisoner overhaul|date=September 13, 2009|accessdate=September 13, 2009|url-status=live|archive-url=https://web.archive.org/web/20181003005858/http://news.bbc.co.uk/2/hi/south_asia/8253023.stm|archive-date=October 3, 2018|publisher=[[BBC News]]}}</ref><ref name="WashingtonPost2009-09-13">{{Cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2009/09/12/AR2009091202798.html|title=U.S. Gives New Rights To Afghan Prisoners Indefinite Detention Can Be Challenged|author=DeYoung|first=Karen|date=September 13, 2009|work=[[The Washington Post]]|accessdate=September 13, 2009|url-status=live|archive-url=https://web.archive.org/web/20190719111030/https://www.washingtonpost.com/wp-dyn/content/article/2009/09/12/AR2009091202798.html|archive-date=July 19, 2019|last2=Finn|first2=Peter|author-link=Karen DeYoung}}</ref><ref name="Politico2009-09-12">{{Cite news|url=http://www.politico.com/blogs/joshgerstein/0909/Pentagon_debuts_new_process_for_Bagram_prisoners.html|title=Pentagon debuts new process for Bagram prisoners|author=Gerstein|first=Josh|date=September 12, 2009|work=[[Politico]]|accessdate=September 12, 2009|url-status=dead|archive-url=https://web.archive.org/web/20120926182158/http://www.politico.com/blogs/joshgerstein/0909/Pentagon_debuts_new_process_for_Bagram_prisoners.html|archive-date=September 26, 2012}}</ref><ref name="Reuters2009-09-12">{{Cite news|url=https://www.reuters.com/article/latestCrisis/idUSB428763|title=Obama to change policy on detainees at Afghan base-NYT|date=September 12, 2009|accessdate=September 12, 2009|url-status=live|archive-url=https://web.archive.org/web/20190403203608/https://www.reuters.com/article/idUSB428763|archive-date=April 3, 2019|agency=[[Reuters]]}}</ref> [[Tina Foster]], director of the [[International Justice Network]], and a lawyer who represents four Bagram captives, was critical of the new rules:

{{quote|These sound almost exactly like the rules the Bush Administration crafted for Guanatmamo that were struck down by the Supreme Court or at least found to be an inadequate substitute for judicial review. They're adopting this thing that [former Vice President] Cheney and his lot dreamt up out of whole cloth. To adopt Gitmo-like procedures seems to me like sliding in the wrong direction.}}

According to [[Radio Free Europe]], [[Amnesty International]]'s Asia-Pacific director, Sam Zia Zarifi, paraphrasing [[Major General]] [[Douglas M. Stone]]'s report on the USA's detentions in Afghanistan: "pointed out that the lack of a legal structure for Bagram means that it is undermining the rule of law in Afghanistan and it has caused a lot of resentment among Afghans."<ref name="Rfe2009-09-14">
{{Cite news|url=https://www.rferl.org/a/New_US_Plan_Reportedly_To_Let_Afghan_Prisoners_Challenge_Incarceration/1822216.html|title=New U.S. Plan Reportedly To Let Afghan Prisoners Challenge Incarceration|author=Synovitz|first=Ron|date=September 14, 2009|url-status=live|archiveurl=https://www.webcitation.org/query?url=http%3A%2F%2Fwww.rferl.org%2Fcontent%2FNew_US_Plan_Reportedly_To_Let_Afghan_Prisoners_Challenge_Incarceration%2F1822216.html&date=2009-09-14|archivedate=September 14, 2009|publisher=[[Radio Free Europe / Radio Liberty]]}}</ref>

==US handover of Bagram prison to Afghan government==
{{Multiple issues|{{Copypaste|section|date=January 2020}}
{{Subsections|date=January 2020}}}}
The U.S. began detention operations at Bagram Air Field in early 2002. For several years, prisoners were kept at a former Soviet aircraft machine plant converted into a lockup. In 2009, the U.S. opened a new detention facility next door named Parwan Detention Facility.<ref name="APHP20120910" /><ref name="BBCNews20120910" /> A Memorandum of Understanding to transfer control of the Parwan Detention Facility<ref name="Bagram Memorandum">{{cite web|author=[[Kate Clark (journalist)|Kate Clark]]|title=The Bagram Memorandum: Handing over 'the Other Guantanamo'|url=http://aan-afghanistan.com/index.asp?id=2619|work=[[The Afghanistan Analysts Network]]|publisher=The Afghanistan Analysts Network|accessdate=April 30, 2012|date=March 21, 2012|archivedate=April 8, 2013|archiveurl=https://web.archive.org/web/20130408090842/http://aan-afghanistan.com/index.asp?id=2619|url-status=live}}</ref> from the United States to Afghanistan was signed on March 9, 2012.<ref name="New York Times 2012-03-09">{{cite news|url=https://www.nytimes.com/2012/03/10/world/asia/us-and-afghanistan-agree-on-detainee-transfer.html|title=U.S. and Afghanistan Agree on Prisoner Transfer as Part of Long-Term Agreement|author=Nordland|first=Rod|date=March 9, 2012|work=[[The New York Times]]|accessdate=April 12, 2012|url-status=live|archive-url=https://web.archive.org/web/20170614053917/https://www.nytimes.com/2012/03/10/world/asia/us-and-afghanistan-agree-on-detainee-transfer.html|archive-date=June 14, 2017|url-access=limited}}</ref><ref name="Reuters 2012-03-09">{{cite news|url=https://www.reuters.com/article/2012/03/09/us-afghanistan-usa-prisoners-idUSBRE8280BU20120309|title=Afghanistan and U.S. sign prison transfer deal|author=Harooni|first=Mirwais|date=March 9, 2012|accessdate=April 12, 2012|url-status=live|agency=[[Reuters]]}}</ref><ref name="Al Jazeera 2012-03-10">{{cite news|url=https://www.aljazeera.com/news/asia/2012/03/201239161540182861.html|title=Afghanistan and US sign prison transfer deal|date=March 10, 2012|accessdate=April 12, 2012|url-status=live|archive-url=https://web.archive.org/web/20171006211652/https://www.aljazeera.com/news/asia/2012/03/201239161540182861.html|archive-date=October 6, 2017|publisher=[[Al Jazeera English]]}}</ref> According to [[Al Jazeera]], the agreement: "will put an Afghan general in charge of Parwan [...] within days, [...] but will also give a six-month window to gradually transfer detainees to Afghan oversight. According to the document, the US will continue to provide logistical support for 12 months and a joint US-Afghan commission will decide on any detainee releases until a more permanent pact is adopted."<ref name="Al Jazeera 2012-03-10" /> The memorandum of understanding shifts also the responsibility for all U.S. detention facilities in the country to Afghanistan.<ref name="Bagram Memorandum" /><ref name="NYT20120422">{{cite news|url=https://www.nytimes.com/2012/04/23/world/asia/us-and-afghanistan-reach-partnership-agreement.html|title=With Pact, U.S. Agrees to Help Afghans for Years to Come|last=Rubin|first=Alissa J.|date=April 22, 2012|newspaper=[[The New York Times]]|accessdate=April 22, 2012|url-status=live|archive-url=https://archive.today/20200116023038/https://www.nytimes.com/2012/04/23/world/asia/us-and-afghanistan-reach-partnership-agreement.html|archive-date=January 16, 2020|author2=Bowley|first2=Graham|author3=Cooper|first3=Helene|author4=Myers|first4=Steven Lee|author-link=Alissa J. Rubin|author-link3=Helene Cooper|url-access=limited}}</ref> Under the agreement, Afghan authorities will need to advise the United States of plans to release any prisoners and "consider favourably" objections if the Americans consider such inmates could engage in "terrorist activity".<ref name="NYT20120330" /> A further clause provides for a committee, made up of the Afghan defense minister and the commander of the American military in Afghanistan, to decide jointly on releases.<ref name="NYT20120330" /> US officials would also remain at the prison to provide advisory, technical and logistical support for a year until March 2012.<ref name="AFPMN20120904">{{cite news|url=https://www.military.com/daily-news/2012/09/04/kabul-us-to-hand-over-afghan-jail-next-week.html|title=Kabul: US to Hand Over Afghan Jail Next Week|date=September 4, 2012|accessdate=September 13, 2012|url-status=live|archive-url=https://archive.today/20200116023638/https://www.military.com/daily-news/2012/09/04/kabul-us-to-hand-over-afghan-jail-next-week.html|archive-date=January 16, 2020|publisher=[[Military.com]]|agency=[[Agence France-Presse]]}}</ref><ref name="NYT20120905" />

With the agreement signed on March 9, Afghanistan and the United States began a six-month transition from American to Afghan control of the Parwan Detention Facility north of Kabul and just outside Bagram, the largest US military base in the country.<ref name="AFPMN20120904" /> The US military handed control of the prison housing more than 3,000 Taliban fighters and terrorism suspects to the Afghan authorities in small ceremony on September 10, 2012,<ref name="BBCNews20120910">{{cite news|url=https://www.bbc.co.uk/news/world-asia-19539412|title=Afghanistan: US hands over controversial Bagram jail|date=September 10, 2012|accessdate=September 13, 2012|url-status=live|archive-url=https://web.archive.org/web/20190403190517/https://www.bbc.com/news/world-asia-19539412|archive-date=April 3, 2019|publisher=[[BBC News]]}}</ref><ref>{{cite news|title=In pictures: Afghan Bagram prison handover|url=https://www.bbc.co.uk/news/world-us-canada-19548497|publisher=BBC News Asia|accessdate=September 13, 2012|date=September 10, 2012}}</ref><ref name="AlJaz20120910" /><ref>{{cite news|url=https://www.wsj.com/articles/SB10000872396390443921504577643581611097586|title=The Afghan Detainee Fiasco|date=September 10, 2012|newspaper=[[The Wall Street Journal]]|accessdate=September 13, 2012|url-status=live|archive-url=https://archive.today/20200116024308/https://www.wsj.com/articles/SB10000872396390443921504577643581611097586|archive-date=January 16, 2020|url-access=subscription}}</ref> at which 16 prisoners, all wearing matching gray sweaters, were released.<ref name="APHP20120910" /><ref name="BBCNews20120910" /><ref>{{cite news|url=https://www.abc.net.au/news/2012-09-10/us-begins-handing-over-bagram-prison-to-afghan-authorities/4253368|title=US hands over notorious jail to Afghan officials|last=Edwards|first=Michael|date=September 11, 2012|accessdate=September 13, 2012|url-status=live|archive-url=https://web.archive.org/web/20160305145548/https://www.abc.net.au/news/2012-09-10/us-begins-handing-over-bagram-prison-to-afghan-authorities/4253368|archive-date=March 5, 2016|publisher=[[ABC News (Australia)|ABC News]]}}</ref> Army Col. Robert M. Taradash, who has overseen the prison, represented coalition forces.<ref name="WP20120910" /> "We transferred more than 3,000 Afghan detainees into your custody&nbsp;... and ensured that those who would threaten the partnership of Afghanistan and coalition forces will not return to the battlefield," said Col Robert Taradash, the only US official at the ceremony.<ref name="BBCNews20120910" /> "Our Afghan security forces are well trained and we are happy that today they are exercising their capability in taking the responsibility of prisoners independently and guarding the prisoners," said acting Defence Minister Enayatullah Nazari.<ref name="BBCNews20120910" /> "We are taking the responsibility from foreign forces."<ref name="BBCNews20120910" /> "Now, the Bagram prison is converted to one of Afghanistan's regular prisons where the innocents will be freed and the rest of the prisoners will be sentenced according to the laws of Afghanistan," a statement by Afghan President Hamid Karzai said, who didn't attend the ceremony.<ref name="APHP20120910" /><ref name="WP20120910">{{cite news|url=https://www.washingtonpost.com/world/us-transfers-prison-control-to-afghan-officials/2012/09/10/7edf7496-fb17-11e1-875c-4c21cd68f653_story.html|title=U.S. transfers control of Bagram prison to Afghan officials|last=Leiby|first=Richard|date=September 10, 2012|newspaper=[[The Washington Post]]|accessdate=September 13, 2012|url-status=live|archive-url=https://archive.today/20130205204330/http://www.washingtonpost.com/world/us-transfers-prison-control-to-afghan-officials/2012/09/10/7edf7496-fb17-11e1-875c-4c21cd68f653_story.html|archive-date=February 5, 2013|url-access=limited}}</ref> No one from the American Embassy or the State Department was present. Also top American commanders were absent on the ceremony.<ref name="NYT20120910">{{cite news|url=https://www.nytimes.com/2012/09/11/world/asia/parwan-prison-at-bagram-transferred-to-afghans-at-least-formally.html|title=Issues Linger as Afghans Take Control of a Prison|last=Nordland|first=Rod|date=September 10, 2012|newspaper=[[The New York Times]]|accessdate=September 13, 2012|url-status=live|archive-url=https://web.archive.org/web/20150324191653/https://www.nytimes.com/2012/09/11/world/asia/parwan-prison-at-bagram-transferred-to-afghans-at-least-formally.html|archive-date=March 24, 2015|url-access=limited}}</ref> American officials say the transfer agreement calls for the Afghan government to continue to hold some detainees even if there is not a formal legal case against them, reviewing their cases administratively rather than judicially. The Americans say it is impossible to build legal cases against all prisoners arrested in battlefield conditions. Afghan news media reported that a dispute over this practice led to a falling-out between Karzai and General John R. Allen, the American military commander in Afghanistan, over the weekend and apparently prompted the downgraded American presence at the ceremony.<ref name="NYT20120910" />

The transition of prisons from American to Afghanistan control means prisoners leave their cells in one of the remaining American-controlled buildings and are taken to new cells in a building controlled by Afghans, but where American personnel will still be present in an advisory role until at least March 2013 under the March 9, 2012, agreement. An Afghan committee sorts the detainees into two groups: One group awaits criminal prosecution, and the other will be referred to a review board, which evaluates them and recommends whether to keep holding them without trial as wartime detainees. As of September 5, 2012, 638 detaines have been approved for criminal prosecution, and 963 have been referred to the review board.<ref name="NYT20120905">{{cite news|url=https://www.nytimes.com/2012/09/06/world/asia/us-will-hold-part-of-afghan-prison-after-handover.html|title=U.S. to Retain Role as a Jailer in Afghanistan|author=Savage|first=Charlie|date=September 5, 2012|newspaper=[[The New York Times]]|accessdate=September 13, 2012|url-status=live|archive-url=https://web.archive.org/web/20190403165300/https://www.nytimes.com/2012/09/06/world/asia/us-will-hold-part-of-afghan-prison-after-handover.html|archive-date=April 3, 2019|last2=Bowley|first2=Graham|author-link=Charlie Savage|url-access=limited}}</ref> The United States military will maintain control over dozens of foreign detainees in Bagram for the indefinite future.<ref name="NYT20120905" /> "If we keep these people with us in this current situation and deal with them, this will create more problems for us," General Ghulam Farouk, the Afghan official who runs the Afghan-controlled portions of Parwan, said. "Therefore it is better for the Americans to keep them."<ref name="NYT20120905" /> Further, although thousands of Afghan detainees have already been turned over, the United States will continue to hold and screen newly captured Afghans for a time, ensuring continued American involvement in detention and interrogation activities.<ref name="NYT20120905" />

Since the Memorandum's signing the U.S. has transferred 3,182 detainees<ref name="AlJaz20120910" /> to Afghan control according to Afghan Army General Ghulam Farouk. He said on September 10, 2012, that the U.S. was in the process of transferring the remaining 30 inmates picked up before the memorandum was signed plus another 600 captured after the signing. But a few weeks ago, the U.S. stopped all transfers.<ref name="APHP20120910" /> A coalition official told CNN the United States is holding on to several Afghan detainees because of concerns about whether Afghan authorities will properly handle their cases and under what circumstances they might be released. The U.S. also is keeping several prisoners of other nationalities who were not part of the agreement the source said.<ref name="CNN20120911" /> "Some 99 percent of the detainees captured before 9 March have already been transferred to Afghan authority, but we have paused the transfer of the remaining detainees until our concerns are met," said Jamie Graybeal, a spokesman for the U.S.-led military coalition.<ref name="APHP20120910" /><ref name="WP20120910" /> Graybeal would not describe the concerns, but a report released in early September 2012 by the New York-based Open Society Foundations said the rift was over whether the Afghans will have a so-called "internment" system that allows some detainees to be held without charge or trial. The U.S. has been holding detainees in internment at Bagram for years. Although the Afghan government agreed to embrace an internment system by signing the accord in March, some top Afghan officials and legal experts contend it violates the Afghan constitution, the report said. Moreover, Karzai himself is opposed to administrative detention (Detaines are held without access to lawyers, public trials or other legal rights<ref name="NYT20120330">{{cite news|url=https://www.nytimes.com/2012/05/31/world/asia/in-afghanistan-as-bagram-detainees-are-transferred-united-states-keeps-its-grip.html?pagewanted=all|title=Detainees Are Handed Over to Afghans, but Not Out of Americans' Reach|last=Nordland|first=Rob|date=May 30, 2012|newspaper=[[The New York Times]]|accessdate=September 13, 2012|url-status=live|archive-url=https://archive.today/20200116023424/https://www.nytimes.com/2012/05/31/world/asia/in-afghanistan-as-bagram-detainees-are-transferred-united-states-keeps-its-grip.html|archive-date=January 16, 2020|url-access=limited}}</ref>), according to the report. The U.S. is now worried that the Afghan government will discontinue internment and either release dangerous detainees or forward their cases to the loosely run Afghan judicial system, which is tainted by corruption and secrecy, the group said.<ref name="APHP20120910" /> "There are concerns on the U.S. side about division in the Afghan government over internment and that it is not constitutional," said Rachel Reid, a senior policy adviser on Afghanistan for the Open Society Foundations. "The basic concern is that if they don't have internment, they will be released."<ref name="APHP20120910" /> On the flip side of the legal issue, some Afghan legal experts are worried about Afghan officials abusing any authority to hold detainees without trial. "Consider the fact that even our regular laws are ignored by powerful people," said Abdul Qawi Afzali of the Legal Aid Organization Afghanistan. "What will happen when you give them the actual, legal power to detain people like this law does?"<ref name="APHP20120910" />

The US military still wants to run a section of the jail and is not handing over hundreds of detainees, saying it has the right to hold insurgents caught on the battlefield said the BBC's Jonathan Beale in Kabul.<ref name="BBCNews20120910" /> They include individuals from Pakistan, Tunisia, Yemen and detainees transferred to Bagram from other wars, such as Iraq. The U.S. will retain custody of these non-Afghan prisoners until their fate is addressed in another agreement between the Afghan and U.S. governments.<ref name="APHP20120910" /> Jason Ditz from ANTIWAR.COM noted that the retention of a portion of the Parwan Detention facility<ref name="BBCNews20120910" /><ref name="NYT20120905" /><ref name="AlJaz20120910">{{cite news|url=https://www.aljazeera.com/news/middleeast/2012/09/201291094118439921.html|title=US transfers Bagram jail to Afghans|date=September 10, 2012|accessdate=September 13, 2012|url-status=live|archive-url=https://web.archive.org/web/20180801033102/https://www.aljazeera.com/news/middleeast/2012/09/201291094118439921.html|archive-date=August 1, 2018|publisher=[[Al Jazeera English]]}}</ref> will allow the US to keep detainees there more or less forever, but will create a PR problem for the Afghan government.<ref>{{cite web|url=https://news.antiwar.com/2012/09/05/despite-ceremonial-bagram-handover-us-to-retain-control-over-part-of-afghan-prison/|title=Despite 'Ceremonial' Bagram Handover, US to Retain Control Over Part of Afghan Prison|last=Ditz|first=Jason|date=September 5, 2012|website=[[AntiWar.com]]|url-status=live|archive-url=https://archive.today/20130117062233/http://news.antiwar.com/2012/09/05/despite-ceremonial-bagram-handover-us-to-retain-control-over-part-of-afghan-prison/|archive-date=January 17, 2013|accessdate=September 13, 2012}}</ref>

The United States are not handing over hundreds of detainees saying it has the right to hold insurgents caught on the battlefield, but privately the US is concerned that some high-value inmates could be released if they are handed over according to the BBC's Jonathan Beale.<ref name="APHP20120910">{{cite news|last=Riechman|first=Deb|title=U.S. Completes Formal Handover of Bagram Prison To Afghans|url=http://www.huffingtonpost.com/2012/09/10/us-hands-over-bagram-prison-afghanistan_n_1869671.html|agency=Associated Press|work=[[The Huffington Post]]|accessdate=September 13, 2012|date=September 10, 2012|archive-url=https://web.archive.org/web/20120913225753/http://www.huffingtonpost.com/2012/09/10/us-hands-over-bagram-prison-afghanistan_n_1869671.html|archive-date=September 13, 2012|url-status=dead}}</ref><ref name="BBCNews20120910" /> These include about 50 foreigners not covered by the handover agreement signed in March 2012.<ref name="BBCNews20120910" /><ref name="NYT20120910" /><ref name="CNN20120911">{{cite news|last=Carter|first=Chelsea J.|title=U.S. holds on to some detainees during handover of prison to Afghan control|url=http://edition.cnn.com/2012/09/10/world/asia/afghanistan-bagram-prison-transfer/index.html|publisher=CNN|accessdate=September 13, 2012|date=September 11, 2012}}</ref> Media commentators in Afghanistan questioned whether the Kabul government will be able to maintain security at Bagram prison after that the United States has handed over control.<ref name="BBCNewsAfghanPundits20120910">{{cite news|title=Afghan pundits question Bagram prison deal|url=https://www.bbc.co.uk/news/world-asia-19544118|publisher=BBC News Asia|accessdate=September 13, 2012|date=September 10, 2012}}</ref> An editorial in independent Hasht-e Sobh newspaper noted: "The government has not had a good track record in maintaining inmates and prisons in recent years&nbsp;... The government has repeatedly called the Taliban their brothers and Taliban fighters detained on suicide-attack charges have been repeatedly released without trial."<ref name="BBCNewsAfghanPundits20120910" />

On November 18, 2012, Afghanistan's president Karzai accused US forces of continuing to capture and detain Afghans in violation of the handover agreement signed earlier in 2012. Karzai decried the continued arrest of Afghans by US forces and said some detainees were still being held by US troops even though Afghan judges have ruled that they should be released.<ref>{{cite news|url=https://www.aljazeera.com/news/asia/2012/11/201211199249909232.html|title=Karzai accuses US of violating detainee pact|date=November 19, 2012|accessdate=December 26, 2012|url-status=live|archive-url=https://web.archive.org/web/20181218010636/https://www.aljazeera.com/news/asia/2012/11/201211199249909232.html|archive-date=December 18, 2018|publisher=[[Al Jazeera English]]}}</ref> During a meeting with Afghan President Karzai on January 11, 2013, U.S. President Obama and his counterpart agreed that the United States would hand over full control of Afghan prisoners and prisons to Afghanistan,<ref name="CNN20130112">{{cite news|url=https://edition.cnn.com/2013/01/11/us/obama-karzai-meeting/|title=Obama, Karzai agree to accelerate military transition|date=January 12, 2013|accessdate=January 12, 2013|url-status=live|archive-url=https://archive.today/20200116011524/https://edition.cnn.com/2013/01/11/us/obama-karzai-meeting/|archive-date=January 16, 2020|publisher=[[CNN]]}}</ref><ref name="BBC20130111">{{cite news|title=US troops will end 'most' Afghanistan combat this spring|url=https://www.bbc.co.uk/news/world-us-canada-20993047|publisher=BBC News US & Canada|accessdate=January 12, 2013|date=January 11, 2012}}</ref>

On March 9, 2013, the ceremony where the American military was to hand over full control of the prison to Afghanistan was canceled. There was no official reason given.<ref>{{cite news|url=https://www.nytimes.com/2013/03/09/world/asia/us-cancels-transfer-of-bagram-prison-to-afghans.html|title=U.S. Cancels Transfer of Bagram Prison to Afghans|last=Nordland|first=Rod|date=March 9, 2013|work=[[The New York Times]]|accessdate=March 9, 2013|url-status=live|archive-url=https://web.archive.org/web/20130627003937/https://www.nytimes.com/2013/03/09/world/asia/us-cancels-transfer-of-bagram-prison-to-afghans.html|archive-date=June 27, 2013|url-access=limited}}</ref>

On March 25, 2013, the formal hand-over of the facility was made public. In a statement it was said that the hand-over followed after a week of negotiations between US and Afghan officials "which includes assurances that inmates who "pose a danger" to Afghans and international forces will continue to be detained under Afghan law."<ref>{{Cite news|url=https://www.aljazeera.com/news/asia/2013/03/201332534437116216.html|title=US hands over Bagram prison to Afghanistan|date=March 25, 2013|access-date=March 25, 2013|url-status=live|archive-url=https://web.archive.org/web/20170606081423/https://www.aljazeera.com/news/asia/2013/03/201332534437116216.html|archive-date=June 6, 2017|publisher=[[Al Jazeera English]]}}</ref>

But when the US relinquished control of the prison, now called Parwan Detention Facility, to Afghan security forces in December 2014, Washington renounced responsibility for the six remaining former US prisoners held there, according to Jenifer Fenton.<ref>{{Cite news|url=https://america.aljazeera.com/articles/2015/3/16/how-obama-handed-afghanistan-a-prisoner-dilemma.html|title=How Obama handed Afghanistan a prisoner dilemma|last=Fenton|first=Jenifer|date=March 16, 2015|url-status=live|archive-url=https://web.archive.org/web/20160225075749/https://america.aljazeera.com/articles/2015/3/16/how-obama-handed-afghanistan-a-prisoner-dilemma.html|archive-date=February 25, 2016|publisher=[[Al Jazeera America]]}}</ref>

The six men—two Tunisians, two Tajiks, an Uzbek and an Egyptian, whose identities were been confirmed by the Pentagon-included Redha al-Najar of Tunisia. He had the distinction of being the first CIA prisoner held at an Afghanistan facility called detention site Cobalt—notorious in U.S. security circles as “the Salt Pit.” The Tunisians were repatriated. 
One Tajik man, Said Jamaluddin, Internment Serial Number 4057, was repatriated from Afghanistan to Tajikistan, where he faces almost-certain ill-treatment, according to legal advocates from the Allard K. Lowenstein International Human Rights Clinic at Yale Law School, who are working on his behalf. The clinic believes his brother Abdul Fatah, ISN 4058, was also forcibly sent back.
<ref>{{Cite news|url=https://www.aljazeera.com/indepth/features/happened-prisoners-bagram-afghanistans-guantanamo-190210222540759.html|title=What happened to prisoners at Bagram, 'Afghanistan’s Guantanamo'?|last=Fenton|first=Jenifer|date=February 11, 2019|url-status=live|archive-url=https://web.archive.org/web/20190320015041/https://www.aljazeera.com/indepth/features/happened-prisoners-bagram-afghanistans-guantanamo-190210222540759.html|archive-date=March 20, 2019|publisher=[[Al Jazeera English]]}}</ref>

==See also==
*[[Ameen Mohammad Albakri]]
*[[List of prisons in Afghanistan]]
*[[Joint Task Force 435]]
*[[Task Force 373]], who supplied many of the prisoners

==References==
{{Reflist|refs=
<!--<ref name=TheIndependent2008-01-08>
{{cite news|url=https://www.independent.co.uk/news/world/asia/bagram-detention-centre-now-twice-the-size-of-guantanamo-768803.html|title=Bagram detention center now twice the size of Guantanamo|publisher=[[The Independent (UK)|The Independent]]|author=Andrew Gumbel|date=January 8, 2008|location=[[Los Angeles]]|archiveurl=https://web.archive.org/web/20120210024913/http://www.independent.co.uk/news/world/asia/bagram-detention-centre-now-twice-the-size-of-guantanamo-768803.html|archivedate=February 10, 2012|accessdate=May 26, 2017|url-status=live|quote=The New York Times, which has seen confidential documents relating to the running of the Bagram prison, reported yesterday that the military base north of Kabul now contains around 630 prisoners, a far greater number than the 275 still being held at a rapidly emptying Guantanamo.}}
</ref> -->

<ref name="salon1">
{{cite news|url=https://www.salon.com/2011/06/04/bagram_obama_gitmo/|title=The Gitmo no one talks about|work=[[Salon (magazine)|Salon]]|last=Elliott|first=Justin|date=June 4, 2011|archiveurl=https://web.archive.org/web/20121103073633/http://www.salon.com/2011/06/04/bagram_obama_gitmo/|archivedate=November 3, 2012|accessdate=May 26, 2017|url-status=live|quote=There are currently more than 1,700 detainees at Bagram, up from over 600 at the end of the Bush administration.}}
</ref>

<ref name="BBC20100511Andersson">
{{cite news|url=http://news.bbc.co.uk/2/hi/south_asia/8674179.stm|title=Red Cross confirms 'second jail' at Bagram, Afghanistan|publisher=[[BBC News]]|last=Andersson|first=Hilary|date=May 11, 2010|archiveurl=https://web.archive.org/web/20111103010514/http://news.bbc.co.uk/2/hi/south_asia/8674179.stm|archivedate=November 3, 2011|accessdate=May 26, 2017|url-status=live|quote=Nine former prisoners have told the BBC that they were held in a separate building, and subjected to abuse.}}
</ref>

<!--<ref name=CsrtAbdullahKhan>
{{cite news|url=https://www.nytimes.com/interactive/projects/guantanamo/detainees/950-abdullah-khan/documents/4|title=Guantanamo Docket: Abdullah Khan|publisher=[[OARDEC]]|author=|date=January 2005|page=|location=|accessdate=May 26, 2017|quote=}}
</ref> -->
}}

==External links==
{{Commonscat}}
{{Wikisource|Ghulam Mohammed v. Don Rumsfeld}}
*[http://news.bbc.co.uk/2/hi/south_asia/8116046.stm Allegations of abuse and neglect at a US detention facility in Afghanistan - BBC video]
*{{Cite news|url=http://www.spiegel.de/international/world/0,1518,650242,00.html|first=Matthias|date=September 21, 2009|title=Prisoner Abuse Continues at Bagram Prison in Afghanistan|author=Gebauer|archive-url=https://archive.today/20130106124156/http://www.spiegel.de/international/world/the-forgotten-guantanamo-prisoner-abuse-continues-at-bagram-prison-in-afghanistan-a-650242.html|archive-date=January 6, 2013|publisher=[[Der Spiegel]]|last2=Goetz|first2=John|last3=Sandberg|first3=Britta|url-status=dead|access-date=November 19, 2009}}
*{{Cite news|url=https://www.rferl.org/a/1071811.html|first=Ron|date=October 5, 2006|title=Afghanistan: Kabul Seeks Release Of More Bagram Detainees|author=Synovitz|publisher=[[Radio Free Europe / Radio Liberty]]|accessdate=September 24, 2007|url-status=live}}
*Human Rights First; [https://web.archive.org/web/20100414211437/http://www.humanrightsfirst.info/pdf/USLS-080409-arbitrary-justice-report.pdf Arbitrary Justice: Trial of Guantánamo and Bagram Detainees in Afghanistan (April 2008)]
*Human Rights First; [https://web.archive.org/web/20101224123455/http://www.humanrightsfirst.info/pdf/HRF-Undue-Process-Afghanistan-web.pdf Undue Process: An Examination of Detention and Trials of Bagram Detainees in Afghanistan in April 2009 (November 2009)]
*{{Cite news|url=http://www.atimes.com/atimes/South_Asia/JA16Df02.html|title=Bagram: The other Gitmo|archive-url=https://web.archive.org/web/20120322043555/http://www.atimes.com/atimes/South_Asia/JA16Df02.html|archive-date=March 22, 2012|publisher=[[Asia Times]]|author=Fisher|first=William|date=January 16, 2008|accessdate=January 22, 2008|url-status=dead}}
*{{Cite news|url=http://www.sundayherald.com/international/shinternational/display.var.2356730.0.0.phpar|title=US military deny that new prison is planned as 'Guantanamo Two'|last=Gardesh|last2=MacKenzie|first2=Jean|first=Hafizullah|date=June 21, 2008|work=[[Sunday Herald]]|accessdate=June 21, 2008|url-status=dead|archiveurl=https://www.webcitation.org/5Yksdv8LD?url=http://www.sundayherald.com/international/shinternational/display.var.2356730.0.0.phpar|archivedate=June 22, 2008}}

{{Coord missing|Afghanistan}}

{{AfghanPrisons}}

[[Category:Detention centers for extrajudicial prisoners of the United States]]
[[Category:Bagram Theater Internment Facility detainees| ]]
[[Category:Military installations of the United States in Afghanistan]]
[[Category:Human rights abuses]]
[[Category:War in Afghanistan (2001–present)]]
[[Category:Extrajudicial prisons of the United States]]<noinclude>

<small>This page was moved from [[:en:Parwan Detention Facility]]. Its edit history can be viewed at [[Parwan Detention Facility/edithistory]]</small></noinclude>