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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