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.

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How a dark night for Paris was made easier by British messages of support

The French Ambassador to the UK reflects on the Paris attacks, and how Britain's response helped make the aftermath more bearable.

I was at a dinner with members of London’s French community when news of the 13 November attacks in Paris first reached me. Our initial reaction – one that I think was shared the world over – was of shock. Young people, out on a Friday night, doing normal things that young people do: chatting, laughing, drinking, dancing. Enjoying the pleasures that are their right, in a city that lives and breathes music, conversation and, above all, liberty.

I felt a tragic sense of déjà vu as I followed the events unfolding on television. Less than a year ago, our country was attacked by murderers and fanatics who wanted to destroy the values that we hold dear. And again on 13 November, I watched as France fell victim to another cowardly and barbaric attack on its way of life.


Fraternité, solidarité

The grief that was shared by the French community here in London was made easier to bear by the messages of support that flooded in from around the country – if anything, even more than after the Charlie Hebdo attacks. I received countless phone calls, emails and letters from British friends, dignitaries, members of the public and faith groups, all conveying sympathy and friendship. I was particularly touched by a statement presented to me by representatives of 140 leaders of the Muslim community.

None was more powerful than the football match between England and France at Wembley, just four days after three suicide bombers blew themselves up outside the Stade de France in Paris. Never has the word “friendly” taken on such a literal meaning. It wasn’t about the football that night; it was about coming together and showing that we won’t live in terror. There have been so many stirring renditions of the French national anthem these past weeks – not least that of the French bass Nicolas Courjal following my appearance on The Andrew Marr Show – but the singing of La Marseillaise by the whole stadium, including the Prime Minister and Prince William, really did move me. I think the front cover of the Metro the next morning summed it up best: “England. France. United.”


Fitting tributes

The embassy in London was a focal point for many who wanted to show their support in the wake of the attacks. A sea of flowers and candles quickly formed outside, with a constant stream of people coming to sign the book of condolence that has now been sent to Paris. Once again, the British people showed that we can count on them in difficult times. I led a minute’s silence alongside the Home Secretary, Theresa May, which was observed all around the country in memory of the victims of the attacks.

Her presence was fitting, given the close relationship that our respective home secretaries have built. There are constant exchanges between the French and British security services, for the threat of terrorism is not faced by France alone. The whole of Europe must ensure that stronger security measures are put in place. We wish to preserve Schengen and the border checks are only temporary measures. But the external border needs to be much more secure and European border guards need to be present.


Beyond Calais

I’m glad that, after a tough summer, our message that Calais is only one part of a Europe-wide migrant crisis seems to have got through. The kind of criticism I heard in July, when I was asked time and again by the press why France wasn’t doing more to prevent migrants crossing the tunnel, is now much rarer. Indeed, Franco-British co-operation has been effective in Calais. But the “Jungle” is still there, inhabited partly by people who would qualify for refugee status and who will need to be taken care of. France is already doing a lot in that regard.


Current climate

Migration was on the agenda last week at the London School of Economics, where I opened a conference on its link with climate change, the last in a series of Franco-British events that the embassy has held in the run-up to the UN climate summit in Paris, which starts on 30 November. Life has to go on as normally as possible after the atrocities. Any­thing else would be a victory for the terrorists. The sense of momentum ahead of the summit is strong and hasn’t been diminished by the attacks. If anything, the sense of urgency is greater than ever. This summit is about securing the future of humanity – what could be more important than that?

Nuclear energy is one of the ways we can reduce CO2 emissions. President Xi Jinping of China’s recent visit to the UK resulted in decisive steps being taken towards the building of a new nuclear plant at Hinkley Point by the French company EDF. This project will provide secure, low-carbon energy to UK homes and reinforce the alliance between France and Britain for decades to come.


Old alliances

On Monday I attended a breakfast in Paris between David Cameron and François Hollande. Witnessing this new testimony to the strength of the century-old Entente Cordiale, I could not help but think, bemused, of those commentators who claim that to ensure the success of the British renegotiation, there will have to be a highly visible Franco-
British spat at a forthcoming European council . . . Speaking of friendship in times of crisis, two days before the Paris attacks, I presented 19 British veterans with the Légion d’honneur, France’s highest honour, in recognition of their role in securing France’s liberation during the Second World War. Over 1,000 have received their medals so far and many more will get them in the months to come. I’ve received a number of poignant letters from them as a result. In the midst of the grief and despair, it will be all the more moving to honour these veterans. They are a reminder that courage, determination and, above all, solidarity will triumph.

Sylvie Bermann is the French ambassador to the UK 

This article first appeared in the 26 November 2015 issue of the New Statesman, Terror vs the State