The other Guantanamo

As the US withdrawal from Afghanistan approaches, what will happen to Bagram prison, where many prisoners are held without charge, trial, or even access to a lawyer?

When President Barack Obama came to power in 2008, he pledged to close Guantanamo, the notorious island prison where terrorism suspects are held indefinitely without charge. Five years after he said that “this war, like all wars, must end”, the prison remains open, the prisoners now in their eighth month of a hunger strike.

Guantanamo is not the only legacy of the Bush era that is proving problematic, as Obama prepares to draw a line under his predecessor’s wars. Bagram prison in Afghanistan is perhaps most famous for a string of prisoner abuse and torture scandals during the long US war. Though less headline-worthy in recent years, it remains there, and, as the US pull-out in 2014 draws ever closer, it is posing such a problem that it has been nicknamed the “second Guantanamo”.

At its peak, Bagram held around 3,000 prisoners, a number which is now reduced. The key problem is the fact that among the prisoners still held there by the US are 67 non-Afghan inmates, none of whom have been formally tried. The US claims that some of these are al-Qaeda operatives arrested after 9/11; accordingly, some have been imprisoned since 2002. They are held without charge, trial, or even access to a lawyer. With echoes of Guantanamo, some prisoners were cleared for release in 2010, but remain trapped in detention. This is because of lengthy, bureaucratic negotiations between the US and the country the detainee is being released to.

Around two-thirds of the foreign detainees (known as third country nationals) are of Pakistani origin. One of them was just 14 when he was arrested in 2008. Repatriation negotiations between the US and Pakistan have stretched on for years. The two concerns are humane treatment for the prisoners in the receiving country (in this case Pakistan), as well as an assurance that the threat the US feels the prisoners pose will be sufficiently mitigated. Under international law, the US cannot send an individual to a country where they face a real risk of torture. And on security, it is no secret that the US does not particularly trust Pakistan, demonstrated by the latest Edward Snowden leaks (showing drastically increased surveillance of the country, which is technically an ally). The spectre of recidivism has also hung over the prisoners trapped at Guantanamo, delaying their release.

So what will happen to the Bagram prison when the US pulls out of Afghanistan in 2014? Theoretically, it should close, but it does not seem likely that it will. The Afghan authorities are reluctant to take on the responsibility for lengthy repatriation negotiations, while concerns have been voiced that prisoners could be tortured if control is transferred away from the US. American officials have said it could be too dangerous to close the prison altogether.

A new report by Justice Project Pakistan (JPP), a legal NGO based in Lahore, representing the prisoners, is damning of all the authorities involved:

The Pakistani government has failed to meet its domestic and international duty to uphold the rights of its citizens in U.S. detention. It has failed to invest the necessary political and bureaucratic capital and failed to adopt clear policies on repatriation The United States has placed little priority on resolving these detainees’ cases, failed to adopt standard policies on repatriation — particularly on humane treatment and security assurances—and has tended to overstate the potential security risks that detainees pose.

While Bagram is not discussed much in America, it certainly damages the country’s image in the Middle East and South Asia, at least as much as Guantanamo does. The JPP report states that “for many Afghans, Bagram continues to symbolize much of what has gone wrong with the US mission in Afghanistan.” Detainees are trapped in a legal and bureaucratic black hole, nationless and unrepresented. As the date for US withdrawal approaches, is indefinite detention really the legacy that the west wishes to leave?

A US captain on a tour of Bagram prison in 2009. Photo: Getty

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

Photo: Getty
Show Hide image

French voters face a choice: Thatcherism or fascism

Today's Morning Call. 

Francois Fillon has been handed the task of saving France from a Marine Le Pen presidency and, by extension, the European Union from collapse, after a landslide win over Alain Juppé in the second round of the centre-right Republican party primary, taking 67 per cent of the vote to Juppé's 33 per cent. 

What are his chances? With the left exhausted, divided and unpopular, it's highly likely that it will be Fillon who makes it into the second round of the contest (under the French system, unless one candidate secures more than half in the first round, the top two go to a run off). 

Le Pen is regarded as close-to-certain of winning the first round and is seen as highly likely to be defeated in the second. That the centre-right candidate looks - at least based on the polls - to be the most likely to make it into the top two alongside her puts Fillon in poll position if the polls are right.

As I explained in my profile of him, his path to victory relies on the French Left being willing to hold its nose and vote for Thatcherism - or, at least, as close as France gets to Thatcherism - in order to defeat fascism. It may be that the distinctly Anglo-Saxon whiff of his politics - "Thatcherite Victor vows sharp shock for France" is the Times splash - exerts too strong a smell for the left to ignore.

The triumph of Brexit in the United Kingdom and Donald Trump in the United States have the left and the centre nervous. The far right is sharing best practice and campaign technique across borders, boosting its chances. 

Of all forms of mistake, prophecy is the most avoidable, so I won't make one. However, there are a few factors that may lie in the way of Le Pen going the way of Trump and Brexit. Hostility towards the European project and white  racial reaction are both deeply woven into the culture and politics of the United Kingdom and the United States respectively. The similarities between Vote Leave and Trump are overstated, but both were fighting on home turf with the wind very much at their backs. 

While there's a wider discussion to be had about the French state's aggressive policy of secularism and diversity blindness and its culpability for the rise of Le Pen, as far as the coming contest is concerned, the unity of the centre against the extremes is just as much a part of French political culture as Euroscepticism is here in Britain. So it would be a far bigger scale of upheaval if Le Pen were to win, though it is still possible.

There is one other factor that Fillon may be able to rely on. He, like Le Pen, is very much a supporter of granting Vladimir Putin more breathing space and attempting to reset Russia's relationship with the West. He may face considerably less disruption from that quarter than the Democrats did in the United States. Still, his campaign would be wise to ensure they have two-step verification enabled.

A WING AND A PRAYER

Eleanor Mills bagged the first interview with the new PM in the Sunday Times, and it's widely reported in today's papers. Among the headlines: the challenge of navigating  Brexit keeps Theresa May "awake at night", but her Anglican faith helps her through. She also lifted the lid on Philip May's value round the home. Apparently he's great at accessorising. 

THE NEVERENDING STORY

John Kerr, Britain's most experienced European diplomat and crossbench peer, has said there is a "less than 50 per cent" chance that Britain will negotiate a new relationship with the EU in two years and that a transitional deal will have to be struck first, resulting in a "decade of uncertainty". The Guardian's Patrick Wintour has the story

TROUBLED WATERS OVER OIL

A cross-party coalition of MPs, including Caroline Lucas and David Lammy, are at war with their own pension fund: which is refusing to disclose if its investments include fossil fuels. Madison Marriage has the story in the FT

TRUMPED UP CHARGES?

The Ethics Council to George W Bush and Barack Obama say the Electoral College should refuse to make Donald Trump President, unless he sells his foreign businesses and puts his American ones in a genuine blind trust. Trump has said he plans for his children to run his businesses while he is in the Oval Office and has been involved in a series of stories of him discussing his overseas businesses with foreign politicians. The New York Times has detailed the extentof Trump's overseas interests. 

TODAY'S MORNING CALL...

...is brought to you by the City of London. Their policy and resources chairman Mark Boleat writes on Brexit and the City here.

CASTROFF

Fidel Castro died this weekend. If you're looking for a book on the region and its politics, I enjoyed Alex von Tunzelmann's Red Heat, which you can buy on Amazon or Hive.

BALLS OUT

Ed Balls was eliminated from Strictly Come Dancing last night, after finishing in the bottom two and being eliminated by the judges' vote.  Judge Rinder, the daytime TV star, progressed to the next round at his expense. 

AND NOW FOR SOMETHING COMPLETELY DIFFERENT

Helen reviews Glenda Jackson's King Lear.

MUST READS

Forget Castro's politics. All that matters is he was a dictator, says Zoe Williams

The right must stop explaining away Thomas Mair's crime, I say

It’s time to end the lies on immigration, says Anna Soubry

Get Morning Call direct to your inbox Monday through Friday - subscribe here. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.