Maqaleh petitioners in October 2012. 45 The Maqaleh petitioners have since appealed Judge Bates October 2012 decision. Lawyers for Fadi Al-Maqaleh have sought permission to visit their client at the DFIP, but were denied access by DOD upon arrival in Afghanistan. In April 2009, the ACLU filed a FOIA request pertaining to the detention and treatment of detainees held at the DFIP. 46 The request has been successful in obtaining a large number of redacted documents, including lists of detainees held at the DFIP, U.S. government policy memorandums and transcripts of DRB hearings of both Afghan and TCN detainees. 47 Courts in the United Kingdom entertained a habeas petition regarding Yunus Rahmatullah, a Pakistani detainee initially captured by UK forces in Iraq but later handed over to U.S. forces who illegally transferred him to the DFIP. 48 Petitioners argued that pursuant to a MoU between the UK and the U.S. governments, the UK government had sufficient control over the detention to request his return. The UK government denied having power over the detention to satisfy a writ of habeas corpus. 49 On 31 October 2012, the Supreme Court held his transfer to the DFIP and current detention, long after hostilities in Iraq have ended, as a prima facie violation of international law. 50 In October 2010, JPP filed a writ petition in the Lahore High Court seeking the repatriation of Pakistani citizens held at DFIP. JPP argued that the Pakistani government is under a constitutional obligation to ensure the protection of the rights afforded to its citizens by domestic and international law. The Court has repeatedly ruled in JPP’s favor, imposing a positive duty on the Pakistani government to assist and repatriate its citizens. 51 Since 2010, JPP’s litigation has been effective at increasing the number Pakistani government visits to the DFIP and confirming the nationality of all Pakistani detainees. 52 However, the Pakistani government has failed to take action beyond those ordered by the Lahore High Court. Though the Ministry of Foreign Affairs announced the return of six Pakistani detainees from the DFIP in October 2012, they remain in detention, raising serious questions regarding the Pakistani and U.S. governments’ actual progress on repatriation negotiations. For detainees and their families, after years of uncertainty and detention without trial, such negotiations happen in far-away capitals, between unknown bureaucrats and politicians, making it difficult to hold on to the hope that they will ever have justice, or see their each other again. 45 International Justice Network, “Judge Dismisses Case of Bagram Detainees, Attorneys Vow to Appeal,” October 12, 2012, http://ijnetwork.org/ijn-news-newsroom-53/277-judge-dismisses-case-of-bagramdetainees-attorneys-vow-to-appeal. 46 American Civil Liberties Union, Bagram FOIA, http://www.aclu.org/national-security/bagram-foia. 47 American Civil Liberties Union, Bagram Documents Released under FOIA, March 14, 2013, http://www.aclu.org/national-security/bagram-documents-released-under-foia. 48 Yunus Rahmatullah v. Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Defence [2011] EWCA Civ 1540. 49 Ibid. 50 Secretary of State for Foreign and Commonwealth Affairs and another v Yunus Rahmatullah [2012] UKSC 48 at 40. 51 Sultana Noon vs. Federation of Pakistan, order dated 27 September, 2011; Sultana Noon vs. Federation of Pakistan, order dated 20 January, 2012. 52 Sultana Noon vs. Federation of Pakistan, order dated 28 May, 2012. 16