fish. So you should have some information from me about other people too. Did you
detain anybody else after me or any organization? […] When I gave these
statements, I was in a condition when I had broken ribs, my eyes was swollen, and
blood was coming from my mouth and my eyes were swollen for almost three
months, so I gave my statement in these conditions. […] I do not know why I was
captured. I do not know. Please provide me any proof of that the associations that
you’re telling me that I’m associated with. Please provide me any proof of these
associations. 62
A deeply flawed system, the DRB process not only fails to provide detainees with fundamental due
process guarantees, such as independent legal representation and the right to view much of the
evidence used against them, but it is also unable to end the detention of many individuals who have
been erroneously detained or the United States no longer has any grounds to hold.
Though the exact figure has not been made public, some detainees have been captured and
detained erroneously, and have been deemed by the U.S. government as “do not meet criteria”
(DNMC) for detention—and should be immediately released. Nevertheless, because of the inability
of the two governments to reach agreement on repatriation, these individuals may spend years in
U.S. detention.
A significant number of detainees have told their relatives that the DRBs have declared them
“innocent.” DRBs, however, are not courts of law and do not determine an individual’s guilt. They
are administrative review mechanisms that assess the future threat posed by an individual for
purposes of continued preventive detention. 63 Often, when detainees say that they have been found
“innocent”, they have been told that the DRB has recommended them for transfer to Pakistan for
release. For TCNs, however, this recommendation does not mean they return home, or have their
cases transferred to a regular court. Instead they remain in detention, in legal limbo, until the U.S.
and Pakistani governments can negotiate the terms of their repatriation.
Jibran was detained in 2004 at the age of 16. He spent five years in detention at the DFIP, and was
eventually repatriated to Pakistan in 2009. Based on his account of his detention and DRB
proceedings, it appears that Jibran was released because U.S. authorities eventually determined that
he had never been involved in any militant activity and had been mistakenly detained. While
accompanying a mentally ill friend to Afghanistan in search of a hakim, a mystical healer, Jibran and
his friend were surrounded and detained by U.S. and Afghan forces as they made a call from a shop
that offered paid use of a telephone. After being thrown in a dark cell in an unknown location for 40
days, Jibran spent the next six months in a detention center in Kandahar where he was interrogated
by U.S. and Afghan personnel, before the U.S. military transferred him to the DFIP. 64 As months
turned into years, Jibran lost all hope that he would ever return to his home in Pakistan:
62
DRB transcript obtained through ACLU FOIA request,
http://www.aclu.org/files/pdfs/natsec/bagram20101220/Detainee1432.pdf.
63
U.S. government internal policy memorandum released through ACLU FOIA request,
http://www.aclu.org/files/pdfs/natsec/bagram20130418/Proposed%20Revisions%20to%20Detainee%20Revie
w%20Procedures.pdf.
64
Justice Project Pakistan interview with Jibran, November 2012 (real name, location withheld).
20