Detained and denied in Afghanistan

After many years of completely denying detainees in Afghanistan the opportunity to defend themselves against arbitrary detention, the United States government has finally implemented a hearing process that allows detainees to hear the charges against them and to make a statement in their own defense. While a significant improvement, these new hearings fall short of minimum standards of due process required by international law. Only by providing detainees in Afghanistan an opportunity to defend themselves in a meaningful manner with the assistance of legal counsel and the opportunity to confront witnesses and the evidence against them can the United States ensure that it is imprisoning the right people. Moreover, only by providing real due process, and demonstrating by example what due process requires, can the United States expect to win the trust and respect of the Afghan people, who see themselves as vulnerable to U.S. military power. The United States' goal of helping Afghanistan improve its justice system is an important and laudable one. In the long term, it will help stabilize the country by encouraging Afghans' respect for their government and trust in their government institutions to protect them. Improving the administration of justice in national security cases will also directly help to ensure that violent insurgents remain incarcerated and cannot threaten Afghan national security. Even after the United States withdraws the bulk of its troops from Afghanistan, ongoing support for its fledgling justice system will be necessary, and critical to the country's stable development. Human Rights First urges the United States government to take a long-term view of the problem and to commit to civilian assistance for Afghan judges, lawyers and legal institutions far into the future.