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New York, NY, January 23, 2009-- In light of yesterday's Executive Order by President
Barack Obama to close Guantanamo and end some of the Bush
Administration's most infamous detention practices, Judge John D. Bates
of the U.S. District Court for the District of Columbia has given
the Obama Administration until February 20th to "refine" its legal
position with respect to detainees held at Bagram Airfield Prison in
Afghanistan as well.
Judge Bates issued the order late yesterday afternoon in four cases brought on behalf of Bagram detainees by the International Justice Network, the organization representing men held without charge by the U.S. government in Afghanistan. Bagram currently holds nearly three times the number of prisoners as Guantanamo.
On January 7th, 2009, Bush Administration lawyers argued that the cases Al Maqalah v. Gates; Al Najar v. Gates; Al Bakri v. Bush; and Wazir v. Rumsfeld
should be dismissed because detainees brought to Bagram (rather than
Guantanamo) are not entitled to any legal protection under U.S. law.
After hearing legal arguments in the cases, Judge Bates ordered the
Department of Defense to provide more information regarding the number
of detainees at Bagram who, like Petitioners, were brought to the
facility from outside of Afghanistan, and have remained imprisoned
there without access to any legal process--many for more than six
years. On January 16th, the Department of Defense provided the
information to the court under seal, but refused to make the
information available to detainees counsel or to the public.
Judge Bates's decision cited yesterday's Executive Orders as
"indicating significant changes to the government's approach to the
detention, and review of detention, of individuals currently held at
Guantanamo Bay." Judge Bates went on to note that "[a] different
approach could impact the Court's analysis of certain issues central to
the resolution of these cases as well."
Prior to yesterday's order from Judge Bates, the Obama administration
had not planned to make any changes in detention policy at Bagram. At
a White House Press Briefing on the Executive Orders signed by
President Obama yesterday, a member of the press corps asked a senior
administration official if "terror suspects who are apprehended by American authorities will continue to go to Bagram?"
The Obama official's answer was not to expect any changes to existing
policies in Afghanistan for at least six months. Yesterday's order
gives the new adminstration approximately one month to decide whether
to change its legal position with respect to detainees held at Bagram.
A copy of Judge Bates's order is available at www.ijnetwork.org
Press Release
Order Inviting New Administration to Provide Input ( pdf )
Executive Order - Review of Detention Policy Options (pdf )
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