INTRODUCTION
THE FIRST BAGRAM REPORT
Following the US-led ‘war on terror’, which began in 2001, American and Afghan forces captured
and detained Pakistani citizens they claimed were suspected of involvement in militant activity
and terrorist groups with strongholds in Afghanistan. It was not until several years later, however,
that news broke around the world that they – along with numerous non-Afghan citizens of various
nationalities – were being held in the Detention Facility in Parwan (DFIP), part of the Bagram US
military base in Afghanistan.6 In 2010, Justice Project Pakistan (JPP), a Lahore-based legal and
human rights advocacy group, launched the Bagram project, aimed at securing the repatriation
of Pakistani men and teenage boys7 who were detained indefinitely, without access to judicial
process, while also being subjected to violent torture and abuse. By September 2012, Bagram
prison had become the primary facility for Afghans and non-Afghans captured as part of the war,
with numbers rising over 3,000. International media reported blatant human rights violations at
the hands of American jailers, likening it to what was known to be taking place at Guantanamo Bay.
Through litigation targeted at taking the Government of Pakistan to court to compel it to
expedite the return of its citizens, JPP secured the repatriation of 43 Pakistanis in 2014. JPP
took the Ministry of Interior and the Ministry of Foreign Affairs8 to court on the grounds that the
government bore a legal obligation to ensure the constitutional rights of its citizens, protect them
from torture, and provide a fair trial to those suspected of possible criminal activity.9 The war on
terror, however, had seen a historic reluctance on the part of US allied nations, including Pakistan,
Rubin, J. Alissa. “Afghans Detail Detention in ‘Black Jail’ at U.S. Base,” New York Times. Nov. 28, 2009.
https://www.nytimes.com/2009/11/29/world/asia/29bagram.html; Ackerman, Spencer. “Military Denies Having a
Secret Afghan Torture Jail.” Wired. Aug. 24, 2010. https://www.wired.com/2010/08/military-denies-having-a-secretafghan-torture-prison/.
7
International recognizes that minors have special needs in even during times of war and conflict, a regulation which
was violated in DFIP. Jamison, Melissa A. “Detention of Juvenile Enemy Combatants at Guantanamo Bay: The Special
Concerns of the Children.” UC Davis Journal of Juvenile Law & Policy. Winter 2005. https://jjlp.law.ucdavis.edu/archives/
vol-9-no-1/03_Jamison.pdf
8
Along with the Federation of Pakistan, the Ministry of Law and Justice, Human Rights and Parliamentary Affairs, the
Ministry of Defence, and the Federal Investigation Agency.
9
To that end, the 2010 Bagram petition states:
Ordinary citizens of this country who, for one reason or another, are suspected of being involved in any
purported wrongdoing deserve to benefit from the presumption of innocence and due process rather than
be handed over to foreign powers for rendition and torture abroad
6
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