success of the U.S. military’s rehabilitation and reintegration program. 170 Documents released
through an April 2013 ACLU FOIA request reveal that DOD described the recidivism rate of detainees
released from what was then the BTIF were “relatively low.” 171
Upon release, detainees interviewed by JPP are more pre-occupied with resettling and reintegrating
into normal life than taking up arms against the United States. 172 Many face significant social stigma,
difficulties finding jobs, and lasting mental and physical health issues. 173 Overemphasis on a very
small percentage that have re-engaged in hostilities against the United States gives a false
impression of the actual threat posed by repatriated and released detainees, undermining the
accuracy of U.S. threat assessments and fuelling politicized narratives in the U.S. public and Congress
that unnecessarily and unjustly prolong detention. 174
2. Flaws in Review Process and Balancing the Costs of Continuing Indefinite Detention
Flaws in U.S. capture practices and detention review regime may undermine the accuracy of threat
assessments, and lead to a biased picture of a detainee’s propensity to turn to or re-engage in
militancy or terrorism. The United States must also consider the serious legal, political and moral
costs of continuing to hold detainees at the DFIP.
The U.S. practice of paying bounties—particularly in the earlier years of the war—as well as the
widely reported practice of individuals providing false information to U.S. forces because of tribal
rivalries or personal enmities has led to the wrongful detention of many individuals, both in
Afghanistan and at Guantanamo Bay. 175 Relatives of current Pakistani detainees allege that similar
170
Ibid. Department of Defense, “Report on progress toward security and stability in Afghanistan”, December
2012, http://www.defense.gov/news/1230_Report_final.pdf, p. 40.
171
Department of Defense memorandums released through ACLU FOIA request,
http://www.aclu.org/files/pdfs/natsec/bagram20130418/Unlawful%20Enemy%20Combatant%20Review%20B
oard%20Procedures.pdf, p. 1.
172
Justice Project Pakistan interviews and conversations with ex-detainees (names, dates, locations withheld)
173
Ibid.; University of Berkeley, “Returning home”, ps. 3-7.
174
Carol Rosenberg, “Congress, rules keep Obama from closing Guantanamo Bay”, McClathy, 9 January, 2012,
http://www.mcclatchydc.com/2012/01/09/135179/congress-rule-keep-obama-from.html#.Ua19fNL-F1w; “US
still lacks Guantanamo transfer safeguards: Lawmakers”, The Express Tribune, 9 February, 2012,
http://tribune.com.pk/story/333887/us-still-lacks-guantanamo-transfer-safeguards-lawmakers/
175
“Human Rights Watch 2006 World Report Chapter on Pakistan”, http://www.hrw.org/world-report2007/pakistan; Tom Malinowski, “Who’s really locked up in Guantanamo”, 16 March, 2006,
http://www.hrw.org/news/2006/03/15/whos-really-locked-guantanamo; Mona Samari, “Bounties paid for
terror suspects”, Human Rights Defender, 16 January, 2007,
http://www.amnesty.org.au/hrs/comments/2167/; Ann Wright, “More bounties in Afghanistan and Pakistan
will result in detention of innocent civilians”, Common Dreams, 1 October, 2007,
https://www.commondreams.org/archive/2007/10/01/4241; Jennifer Daskal, “How to close Guantanamo”, 04
January, 2008, http://www.hrw.org/news/2008/01/03/how-close-guantanamo; Mark Pope, “How did so many
innocent people end up in Guantanamo Bay?”, Reprieve, 30 August, 2012,
http://www.reprieve.org.uk/publiceducation/2012_08_30_Public_Education_Innocents_Guantanamo/; Mark
Denbeaux & Joshua Denbeaux, “Report on Guantanamo detainees: a profile of 517 detainees through analysis
of Department of Defense data”, Seton Hall University Law School,
http://law.shu.edu/publications/guantanamoReports/guantanamo_report_final_2_08_06.pdf, p.15. The U.S.
military has acknowledged that false information provided on the basis of personal enmity has been a problem
in detention operations in Afghanistan. See Ray Rivera, “In an Afghan village, living in fear of both sides”, The
New York Times, 23 April, 2011,
http://www.nytimes.com/2011/04/24/world/asia/24paktika.html?pagewanted=all; Human Rights First,
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