detainees who are ethnic Baloch, and affiliated with nationalist political parties or armed groups, whose members have been victims of abuse by Pakistani officials while in detention. 147 Several factors may mitigate the potential risks DFIP detainees face upon their return to Pakistan, which should also be taken into account when assessing the adequacy of assurances. Pakistan’s record on treatment of former U.S.-held detainees is quite positive, and interviews with released Guantanamo Bay and DFIP detainees indicate that they have not been subjected to any mistreatment upon return to Pakistan. 148 The small number of DFIP detainees that would be transferred to Pakistan—approximately 40 in total—may also reduce the risk of mistreatment, given the likely public attention of these cases and the limited number of detainees that would transferred into Pakistani custody. There are also indications that the Pakistani government’s perception of the threat DFIP detainees pose places them at a lower risk of torture upon return. According to a Pakistani Ministry of Interior (MoI) official, in the absence of any evidence of criminal activity in Pakistan on detainees’ part, the Pakistani government will only hold detainees repatriated for prosecution on charges of traveling to Afghanistan without adequate documentation, not on anti-terror charges. 149 Based on extensive interviews with Pakistani government officials, it is clearly not the case that the Pakistani government considers detainees held at the DFIP to be threats to Pakistan merely by virtue of their detention or due to U.S. threat perceptions. 150 This may reduce the risk that such detainees will be subject to any mistreatment upon their return or transfer into Pakistani custody. 2. Humane Treatment Assurances There are several substantive measures that the U.S. and Pakistani governments can put in place to address the potential risk of torture. While no one measure is a stand-alone solution or necessarily fulfills the United States’ non-refoulement obligation, experience has shown that policies and mechanisms do exist that can significantly mitigate the risk of abuse and enable the safe transfer of detainees. In addition, because the Pakistani government holds every repatriated detainee—even those slated for release—for at least some period of time for debriefing, the United States must ensure that proper assurances are sought and provided for all detainees transferred to Pakistani custody. 151 147 Baloch individuals suspected of ties to nationalist or insurgent groups have been particularly susceptible to enforced disappearances and torture, held incommunicado without access to their lawyers or family, and detained in secret facilities where there is no official record of arrest or detention. See Human Rights Watch, “We can torture you”, p. 29-30, 39, 42-43. 148 Justice Project Pakistan interviews with ex DFIP detainees (names, dates, locations withheld); McClathy Guantanamo Inmate Database, detainees.mcclatchydc.com/mi_services/gitmo/detainees/18, detainees.mcclatchydc.com/mi_services/gitmo/detainees/63, detainees.mcclatchydc.com/mi_services/gitmo/detainees/16, detainees.mcclatchydc.com/mi_services/gitmo/detainees/12, detainees.mcclatchydc.com/mi_services/gitmo/detainees/13, detainees.mcclatchydc.com/detainees/17; Laurel E. Fletcher & Eric Stover, “Guantanamo and its aftermath”, ps. 61-62 . 149 Justice Project Pakistan interview with a Pakistani government official (name, date, location withheld). 150 Justice Project Pakistan interviews with Pakistani government officials (names, dates, locations withheld). 151 Justice Project Pakistan interviews with ex-detainees (names, dates, locations withheld); Justice Project Pakistan interview with a Pakistani government official (name, date, location withheld); Anjum Herald Gill, ’17 39

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