SPY EYES

The Bagram Prison transfer was expected to be a paramount affair to be consolidated in a “splendid” ceremony. Seven generals, two cabinet ministers, and other Afghan dignitaries were present to witness a victory for Afghan sovereignty, a stepping stone in the gradual regaining of control over Afghan institutions. These happy sentiments were however not shared by their American counterparts. The US commanding general of the prison did not attend, neither did his deputy nor any official from the embassy or state department. So the presence of Parwan Task Force commander, Col. Robert M. Taradash, and his bodyguard as the sole American representatives was little less than a slap in the face of reconciliation. A disagreement has erupted over the controlling powers for the prison. Col. Taradash’s celebratory comments regarding the transfer could not dispel doubts over US sincerity towards the Afghans.

The agreement which was signed in March, was part of the larger transition process whereby US forces would hand over power to the Afghan government by 2014. The former has already taken steps to give Afghan forces the upper hand in conducting night raids and has also been training local forces. This agreement, however, seems to be more of a formality to show progress in US-Afghan relations.

President Hamid Karzai accuses the US of breaching the agreement by preventing the complete transfer of detainees to the Afghan govt. While around 3000 detainees have been transferred, over 600 detainees are still under US detention. Sources believe these are the detainees who were imprisoned after the signing of the agreement. Another 50 foreign prisoners are said to be in the hands of the US forces, many of whom are said to be Pakistani in origin.

The US, it appears, is getting cold feet regarding this transfer. They fear the Afghan government may be too lenient and release prisoners who still might pose a serious security threat. But the new Afghan internment regime which permits detention without trial shows how serious they are about the issue.

American forces on the other hand, argue that their actions are within the confines of the agreement. It allows them to detain people for up to 6 months before transferring them to the Afghan authorities, an act that is not agreeable to the Afghan government. The agreement does not explicitly deal with foreign detainees which could spell indefinite detention especially since releases will have to be approved by the US forces even after the Afghans have ordered for it. It is also worth noting that US forces have insufficient legal evidence to detain many of these prisoners. Therefore, the loopholes in this agreement can be an excuse to apprehend suspects without crossing legal boundaries.

The ambiguity present in the agreement has resulted in its misunderstanding. This misunderstanding also conveniently offers an excuse for the United States to surrender control without actually doing so. Not only will it have control over prisoners from Afghanistan but even from neighboring countries like Pakistan. This agreement is a reflection of the broader US-Afghan relations and the degree to which the US will remain engaged in the region.