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Thursday, May 13, 2004

Operation Enduring Cruelty 

AFGHANISTAN
Human Rights Watch issues new statement on detainee abuse in Afghanistan, similar to reports coming from Iraq.

U.S.: Systemic Abuse of Afghan Prisoners | Open Files on Detainee Deaths May 13, 2004.
Afghans have been telling us for well over a year about mistreatment in U.S. custody. We warned U.S. officials repeatedly about these problems in 2003 and 2004. It's time now for the United States to publicize the results of its investigations of abuse, fully prosecute those responsible, and provide access to independent monitors. - John Sifton, Afghanistan researcher for Human Rights Watch. [...]

On May 10, the AIHRC formally requested access to U.S. detention sites in Afghanistan. Human Rights Watch has also made several formal requests to visit U.S. detention sites in Afghanistan through 2003 and 2004, none of which received any response.


The following is excerpted from HRW's comprehensive report titled "Enduring Freedom:" Abuses by U.S. Forces in Afghanistan. (published in March, 2004.)

I. Summary
From 2002 to the present, Human Rights Watch estimates that at least one thousand Afghans and other nationals have been arrested and detained by U.S.-led forces in Afghanistan. Some of those apprehended have been picked up during military operations while taking direct part in hostilities, but others taken into custody have been civilians with no apparent connection to ongoing hostilities. (This latter category may include persons wanted for criminal offenses, but such arrests are not carried out in compliance with Afghan or international legal standards.) - (continued....

V. Conclusions:
This report raises serious concerns regarding the actions of U.S. forces in Afghanistan, specifically with regard to the use of excessive force during arrests; arbitrary or mistaken arrests and indefinite detention; and mistreatment in detention:

- U.S. forces regularly use military means and methods during arrest operations in residential areas where law enforcement techniques would be more appropriate. This has resulted in unnecessary civilian casualties and may in some cases have involved indiscriminate or disproportionate force in violation of international humanitarian law.

- Members of the U.S. armed forces have arrested numerous civilians not directly participating in the hostilities and numerous persons whom U.S. authorities have no legal basis for taking into custody. These cases raise serious questions about the intelligence gathering and processing that leads to arrests and call into question the practice of arresting any and sometimes all Afghan men found in the vicinity of U.S. military operations.

- Persons detained by U.S. forces in Afghanistan are held without regard to the requirements of international humanitarian law or human rights law. They are not provided reasons for their arrest or detention. They are held virtually incommunicado without any legal basis for challenging their detention or seeking their release. They are held at the apparent whim of U.S. authorities, in some cases for more than a year. (continued.... LINK)

Arbitrary or Mistaken Arrests and Indefinite Detention:
Mohammad Naim’s brother told a similar story.54 Ahmaddullah and Amanullah, who are brothers, were arrested in a house nearby. Another villager, Khoja Mohammad, was arrested when he came out of his house to investigate what was happening in the other houses.55 Amanullah described the arrests as follows:

I awoke, there were helicopters all around the house. And I looked out and there were people in my house [in the compound]. There was a man I could see, I thought he was a thief. He had a gun. But he spoke English, and I realized he was an American. I don’t speak much English, but I said, “How are you?” But then he said, “shut up” in Pashto – “Chopsha.”

My brother was there too, and he was arrested. They tied his hands, and they were pointing their guns at me all the time. Then they arrested me too, and tied my hands.56

The five men were taken to Bagram. Mohammad Naim described what happened after they landed: They threw us in a room, face down. We were there for a while. Then they stood me up and led me somewhere, and then they took off my blindfold. I saw that I was alone. I saw that there were some other people in the room, but I was the only prisoner.

I was on the ground, and a man stood over me, and he had a foot on my back. An interpreter was there at this point. He asked me, “What is your name?” and I told them.

They made me take off my clothes, so that I was naked. They took pictures of us, naked. And then they gave us new clothes, which were dark blue.

A man came, and he had some plastic bag, and he ran his hands through my hair, shaking my hair. And then he pulled out some of my hair, some hair from my beard, and he put it in a bag. . . . The most awful thing about the whole experience was how they were taking our pictures, and we were completely naked. Completely naked. It was completely humiliating.

[...]

Human Rights Watch has learned that U.S. forces routinely hold Afghans at the local airport in the eastern city of Jalalabad. However, former detainees there refused to speak in detail with Human Rights Watch about their experiences in U.S. detention. One told Human Rights Watch:

We were treated absolutely terribly there. They did terrible things to us, things we'll never forget. It was absolutely awful what they did. . . . We absolutely cannot talk about it. We don’t want to talk about it with you. We have made our agreements not to talk, and we won’t talk about it. (continued....LINK)


Full HRW report, March 2004: "Enduring Freedom:" Abuses by U.S. Forces in Afghanistan Index Page

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