soldiers entered, asked for him by name, and took him away. Ayaz was first detained in what he
believed to be a U.S. military base in Paktika province, before being transferring him to the DFIP. He
does not know why he was taken but he believes that a co-worker falsely accused him of being a
terrorist in exchange for a bounty. After years of DRB hearings, Ayaz had little faith in the process:
The DRBs were a joke, another way to humiliate us. At my DRB they said that I was a
suicide bomber and that I want to bomb the USA. I had a representative who was not
a lawyer. He would often make my case worse. After the hearing the Americans
would tell me the result within a month and whether I would be sent back to
Pakistan or would have to stay there for 6 more months. The only evidence they had
against me is what they first forced me to sign at [a U.S. military base in] Paktika
[province]. 58
Ayaz was eventually repatriated to Pakistan in 2011 and released after spending six years in
detention. According to Ayaz, for at least two of those six years in detention he had been “cleared”
by the DRB, most likely because U.S. officials determined he was never actually a combatant, and
that they had no grounds to hold him. Yet he remained in detention for years, uncertain of when or
if he would ever be released.
Yasir, now a 31 year-old man from Balochistan province in Pakistan, was captured in February 2004
by UK forces in Iraq where he traveled to work in real estate. UK forces handed him over to the U.S.
military, which transferred him to Afghanistan after a few months for detention at the DFIP. 59 After
six years of detention, Yasir was eventually recommended for repatriation and release by the DRB. 60
Yet he remains in detention today, receiving DRB hearings every six months, which time and again
have recommended him for transfer. As he told the review board at his August 2010 hearing:
I came to the DRB six months ago, 2 December 2009. I had said everything I wanted
to say. The result was given to me on 22 February 2010 and was given to me and my
government. Nothing changed in my case or in my manners. I still have good
behavior. If I am obligated to talk in DRB, I will talk. If not, I won’t because nothing
has changed. 61
Malik, a 43 year-old rice exporter from Faisalabad, disappeared with Yasir from Iraq in 2004. Like
Yasir, he was detained by UK forces who handed him over to U.S. forces. The U.S. military then
transferred him from Iraq to the DFIP, where he has been held ever since. Malik sharply criticized
the DRBs, the purported independence of the military officials who represent him in DRB
proceedings, and the evidence against him. Speaking in English before the DRB—a language he
learned from his U.S. captors—Malik said:
I am a prisoner here. I don’t have any power. He [the PR] is in your [the DRB’s]
command. You are his boss. He does not have any relation with me. Whatever he is
saying, he will just say for your favor nor for my favor. […] Did you detain anybody
else after you detained me when you think that I’m a big commander or I’m a big
58
Justice Project Pakistan interview with Ayaz, November 2012 (real name, location withheld).
Secretary of State v. Yunus Rahmatullah [2012] UKSC 48 at 3.
60
DRB transcript obtained through ACLU FOIA request,
http://www.aclu.org/files/pdfs/natsec/bagram20101220/Detainee1433.pdf.
61
Ibid.
59
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