to apply basic constitutional laws on an international platform to protect their citizens. One of
the most well-known cases is that of Omar Khadr, a Canadian citizen detained in Guantanamo
Bay for 10 years on suspicion of terrorist activity as a 15-year-old. The Canadian government
did not demand his return, thus enabling his detainment and failing to uphold his constitutional
rights under the Canadian Charter.10 Pakistan took a similar approach as other nations, and the
reasons for this are two-fold. On a global political stage, the government wanted to demonstrate
that it was cooperatively committed to the eradication of terrorism, without drawing attention to
the emergence of militants from its frontier regions bordering Afghanistan – earlier known as the
Federally Administered Tribal Areas (FATA) – who were crossing to join the post-9/11 Afghan jihad
against US forces. The time period of abduction by US and Afghan forces, between 2003 and 2010,
broadly coincides with internal military operations across FATA meant to combat Tehreek-e-Taliban
Pakistan’s (TTP) takeover of the region, and to wipe out homegrown militancy and radicalization.
Here, Pakistan wanted to be seen as a victim of terrorism that supported the United States while
disavowing its own history of contributing to instability in Afghanistan through the support of
militant groups (see page 12).11
JPP’s 2010 Bagram litigation, then, was aimed at safely returning detainees to their homes as well
as raising national awareness of the Pakistani government’s abject lack of interest in protecting its
citizens. While this was the primary site of the organization’s advocacy work, another was to bring
attention to the human rights violations taking place in DFIP. The 2015 report, ‘Closing Bagram:
The Other Guantanamo’, documents how Pakistani detainees were tried as Third Country Nationals
(TCN) before a tribunal known as the Detainee Review Board (DRB). TCN was a special classification
the US created to identify and denote non-Afghan citizens held on suspicion of terrorism, just
as it also created the DRB run by American military officials to investigate and try detainees for
their alleged crimes. The Bagram petition asked the high court to compel government officials to
visit and identify the detainees in Bagram as a firsth step in fulfilling its obligation to provide its
citizens with diplomatic and legal assistance.12 In conversation, Sarah Belal, JPP’s head and lead
barrister, noted that the Pakistani government altogether avoided protecting its citizens under the
country’s constitutional rights. In response to the petition, the deputy head of the Pakistan mission
in Afghanistan wrote that, unfortunately, the detainees who were not suspected of terrorism were
caught up in a “complicated US detention” policy.13 Over several years of litigation, Belal wrote
numerous articles in national English language newspapers14 – part of a media strategy, including
press conferences and documentaries – to raise awareness within the country about the ways in
which the government allowed its citizens to fall prey to American impunity.
Sahi, Ahmed. “Finally getting it right on Omar Khadr,” The Star. Mar. 28, 2019. https://www.thestar.com/opinion/
contributors/2019/03/28/finally-getting-it-right-on-omar-khadr.html.
11
Hussain, Zahid. Frontline Pakistan: The Struggle With Militant Islam. New Delhi. Penguin Group. 2007.
12
JPP. “Bagram Petition.” 2010.
13
Khan, Mansoor, Ahmed, Deputy Head of Mission. “Fax Message.” Jun. 5, 2011.
14
Belal, Sarah. “Forgotten Pakistanis at Bagram,” The Express Tribune. Jun. 29, 2012. https://tribune.com.pk/story/401184/
forgotten-pakistanis-at-bagram/
10
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