– Clive Stafford Smith is the director of Reprieve, the UK legal action charity that uses the law to enforce the human rights of prisoners. The opinions expressed are his own. -

As the British death toll climbed above 200 in Afghanistan this week, it became clearer that the politicians were betraying the soldiers who they were sending to fight and die.

The government talks about winning the battle for “hearts and minds” in Helmand Province – apparently oblivious to the loaded history of that phrase. This was the mantra of those who wasted 50,000 American lives in a futile battle to impose democracy at the end of a gun barrel in Vietnam.

Napalm never won an election, and nobody can expect an Afghan to warm to the rule of law when he witnesses his people being locked up in Bagram Air Force Base every day — abused and held without trial for years in Guantanamo’s evil twin. Bagram already holds three times as many prisoners as the Cuban black hole, and $50 million is being spent on a new prison that will add another 1,100 cells.

Captain Kirk Black, an American soldier I met in Guantanamo Bay, is now stationed in the dusty backroad of Afghanistan. He e-mailed, asking Reprieve to represent Gul Khan, a local sheep farmer who had been locked up in Bagram in error. He said that if we could bring justice to an Afghan peasant, then he and his platoon would be a little bit safer. Gul Khan is now back with his flock, and I hope Capt. Black gets credit for his release.

Conversely, British politicians are endangering the lives of soldiers when they conspire with their American allies to perpetuate injustice in Bagram. This, ultimately, is the headline of the latest litigation we announced yesterday.

The background facts show Britain’s complicity in another illegal act of rendition. In 2004, the British arrested two men in Iraq, and turned them over to the Americans, who took them to Bagram. The men remain there to this day, daily abused and divorced from the most basic due process.

This was kept secret for five years. Only in February 2009 did John Hutton apologize to Parliament, admitting that Britain knew about this illegal rendition at the time. The transfer to Bagram had been necessary, he said, because the two men were Pakistani: the implication was that there were no translators in Iraq since they spoke Urdu.

Assuming him to be sincere, I wrote asking for details about the prisoners, so that we could reunite them with their legal rights. Three months later, I finally received a reply: To tell us the men’s names would violate their rights under the Data Protection Act.

Here is a government that leaves your private details littered over the national rail network, but when they want to cover up a crime suddenly the Data Protection Act swings into action. (Presumably, next time the mafia kidnaps you, Don Corleone will assert a legal duty not to reveal where you are being held.)

It is not easy to identify someone who is in a secret prison like Bagram, but we have located a prisoner, recently released, who was able to fill in a few details. He recalled the two men coming from Iraq. He could not remember their full names, but the man he called Saifullah spoke perfect English. The other, Salah Din, spoke Arabic, but suffered from a serious mental illness thanks to the abuse he had been through.

But we can’t help them until we know their real names, and are able to contact their families for authorization.

Bob Ainsworth has taken over Hutton’s job. Now he faces a simple choice: He can do right, or he can do wrong. What he cannot do is tell young British soldiers to fight and die for the rule of law, while simultaneously stabbing them in the back by promoting injustice in Afghanistan.

- Moazzam Begg is Director for the British organisation, Cageprisoners. The opinions expressed are his own. -

Little seems to have changed regarding the treatment of prisoners held at the U.S. military-run Bagram prison since I was there (2002-2004). The recent study conducted by the BBC shows allegations of sleep deprivation, stress positions, beatings, degrading treatment, religious and racial abuse have gone unabated. On a personal level though, I can’t help wonder if British intelligence services are still involved.

In April this year, a report issued by Cageprisoners entitled Fabricating Terrorism II highlighted through eyewitness testimony the cases of 29 people, all of them either British residents or citizens, who had allegedly been tortured and abused in the presence of British intelligence agents or at their behest.

One of them, the case of Farid Hilali, featured in the Guardian newspaper, showed how allegations of complicity in torture against British intelligence predated the Sept. 11 attacks. The story of Jamil Rahman too – regarding allegations of British complicity in his torture in Bangladesh – would have been included in the report but he was worried at the time about the safety of his family. The recurrent factor in all these cases is the extent to which denial and prevarication remain as much a part of the intelligence services’ arsenal as outsourcing torture and abuse. The others include the British cases of Omar Deghayes, Bisher Al-Rawi, Jamil Elbanna, Richard Belmar, Shaker Aamer and Binyam Mohamed – all of whom were held at Bagram.

Shortly after I returned from Guantanamo my father showed me a letter he received from the British Foreign Office. The letter, written in 2002, claims that UK officials were not given access to prisoners in Bagram. At the time, I was being held captive there by the U.S. military and, amongst other alphabet intelligence agencies, was being interrogated by MI5, who were aware that torture, abusive and degrading treatment was being meted out to prisoners– including British citizens.

During my time there I saw two people being beaten severely: one after he’d lost consciousness following days of having his hands shackled to the top of a cage; the other after a very crude and ultimately futile escape attempt. Both were killed.

In eleven months of custody in Bagram I was hogtied, punched, kicked, shackled to the top of a door, hooded, strip-searched regularly, put in stress positions and deprived of sleep.

Of course, this wasn’t always the case, and there were some decent soldiers who balked at the very idea of such abuse. (Some of the soldiers have even expressed clear remorse and regret to me since my return. One of them is Damien Corsetti who was brought up for charges of detainee abuse in both Bagram and Abu Ghraib prisons).

Nonetheless, such treatment wasn’t unusual. The worst of it for me was hearing the sounds of a woman screaming I was led to believe was my wife being tortured while an interrogator waved pictures of my children in front of me asking: “Do you think you’ll ever see them again?” or “What do you think happened to them the night we took you?” Several months later I learned that my family were safe but, those screams I knew were not make-believe.

In July 2005, four prisoners carried out an unprecedented but successful escape attempt from Bagram. Later, they participated in an interview on an Arabic language television channel describing how they had seen a woman in custody. After his release from Guantanamo earlier this year, Binyam Mohamed told me that he recognised the picture I showed him of Dr. Aafia Siddiqui, the Pakistani woman - whom the U.S. authorities deny was ever held at Bagram – who he had last seen in Bagram in a state of near insanity.

I met at least five children in Bagram (2002) – four of whom were taken to Guantanamo and two of whom are still there. One of them, Omar Khadr, a Canadian national, was brought in at the age of fifteen so terribly wounded he looked like he was dead. His left eye was shot out and there were two huge exit wounds to his shoulder and chest. Another, a young Afghan teenager called Shams was shot in his hip by a U.S. soldier and unable to walk. I used to help to carry him to take him to the improvised barrel we had to use as a toilet – amongst 10 of us. Other than that walking and talking were prohibited in Bagram.

Earlier this year, when the new U.S. president was promising the world he’d close down Guantanamo and the secret detention sites and put an end to torture, I was touring the UK with a former U.S. soldier who had guarded some of us in Guantanamo. We were both telling the world that while we welcomed the announcement of the closure of the world’s most infamous prison, nothing was being said about places like Bagram. Several films, including the oscar-winning Taxi to the Dark Side, were made about this place, but still little Bagram was off the international radar. As people who had served time on both sides of the wire we hoped that someone was listening. The truth is that by the time I’d passed through Bagram I was looking forward to Guantanamo.

After becoming the public relations disaster Guantanamo clearly is, we’re told days are numbered. But judging by the escalation of military activity in Afghanistan and the possibility that some Guantanamo prisoners might be transferred there , the abuses in Bagram may continue to get noticed – every couple of years or so.

-Clara Gutteridge is renditions investigator at Reprieve. The opinions expressed are her own.-

The big surprise in Tuesday’s revelations of prisoner abuse at Bagram is how long these stories have taken to reach the international media, given the scale of the problem.

Bagram Airforce Base is Guantanamo Bay’s lesser known - but more evil - twin. Thousands of prisoners have been “through the system” at Bagram, and around 600 are currently held there. Meanwhile President Obama’s lawyers are fighting to hold them incommunicado; stripped of the right to challenge the reasons for their imprisonment.

In this way, Bagram Airforce Base is just the latest in a long line of U.S.-created legal black holes. And as evidence of abuse there has begun to leak out, the U.S. military has responded in exactly the same way as it did to similar allegations at Abu Ghraib and elsewhere: by insisting that the torture is just the work of a few low-ranking “bad apples” and repeating that the U.S. “does not torture”.

Sad to say, the truth has revealed itself to be just the opposite. Recently released U.S. government memos have shown the efforts of top U.S. lawyers to justify torture techniques to be used in prisons far from U.S. continental territory. Faced with such evidence, it is difficult to avoid the conclusion that prisons like Bagram were created in large part because the U.S. wanted to torture certain people held there.

The Obama administration argues that the prisoners in Bagram are not entitled to challenge their imprisonment because Afghanistan is in a state of war, and that therefore different legal rules apply. But many of the former Bagram prisoners, such as British residents Jamil El-Banna and Bisher Al-Rawi, were captured in countries far from the Afghan “battlefield”, and forcibly transferred into the war-zone. It seems wholly unfair that prisoners be denied rights simply because they have been kidnapped and rendered into a legal black hole.

In such renderings, the U.S. has not acted alone. The British government has recently admitted to capturing two men in Iraq who were handed to the U.S. and subsequently rendered to Afghanistan. Reprieve’s investigations suggest that these men were taken out of Iraq because the Abu Ghraib prisoner abuse scandal was breaking, and Afghanistan represented a safer, darker place to hold them indefinitely. Yet the British government refuses to assist us in our efforts to offer the men legal representation, preferring to allow them to languish in Bagram.

And this is the story of Bagram: 600 virtually unknown men are being held “beyond the rule of law” in desperate conditions, whilst the US government seeks to obstruct lawyers who seek to represent them, and other complicit governments such as the British bury their heads in the sand. Does any of this sound familiar?

Related commentary: Britain’s torture memos — keeping up appearances

- Cori Crider represents 30 Guantánamo prisoners as an attorney with legal charity Reprieve. The opinions expressed are her own. -

You would be hard-pressed to find a kid more thrilled on Barack Obama’s first day in office than Mohammed el Gharani. On January 21, had you been standing at the right corner of Guantanamo Bay, you could have heard him whoop for joy when the U.S. President made history—so we thought—by closing the prison where el Gharani grew up.

It is four months since that decision. The president gave a speech, “clarifying” his plans for Guantanamo on Thursday. But I fear we will all look back on May 21, 2009, as the day real history was made—The Day President Obama Un-Closed Guantanamo.

In many ways the die seems already cast. The President revived the military commissions last week, a move that risks stretching the prison’s life out for months. Just two prisoners have left Guantanamo since January. One, Binyam Mohamed, had humiliated the U.S. and the UK over his torture; the other, Lakhdar Boumediene, had been ordered released by a federal judge.

It is unclear what the administration is waiting for in Mohammed el Gharani’s case. He was found innocent in court, just like Boumediene, and he has a country to go to. He could climb on a plane to Chad tomorrow, were the administration simply to wake up and do what it has been ordered to do.

In this, el Gharani is luckier than many—namely, Guantanamo’s sixty refugees, who require the U.S. or a goodwilled third country to save them from torture at home. For these men, the administration’s dithering spells disaster. For while the government frittered away the global goodwill that would have helped them house refugees in January, the right regrouped.

Now, talking heads and demagogues have found a new target in Gitmo for scaremongering— a group of innocent Muslim refugees from China called the Uighurs. After rumors swirled that a couple of Uighurs might be released into the U.S., members of the right published libellous statements saying they were tied to al Qaeda. (Even the Bush administration conceded the Uighurs were not the enemy.)

Republicans in Congress have vowed to fight “putting terrorists in American towns” to the bitter end. On the heels of this panic, even the Democrats yanked from a bill funding to close Guantanamo. Yet nearly every country in Europe has made clear: if the US takes no refugees, Europe will take no refugees.

Up to now, the Obama administration has kept silent before this storm of falsehoods, though it well knows it could doom the closure of Guantanamo. We know of no other options the US has pursued for the refugees, aside from Europe and the US. Rumors of Middle Eastern havens have not, apparently, been pursued. Those options closed by inaction, what is left? Filling cells in Bagram, perhaps, or worse still, returning men to Tunisia, China, or Uzbekistan. These no longer seem beyond possibility.

The xenophobia we have seen on the U.S. airwaves and on the Hill this week reflect the worst of America. El Gharani knows a lot about such racism; as a black boy in Medina, local schools shut him out; and as a teen in Guantanamo, he bore the brunt of abuse because he was both dark-skinned and Muslim.

We at Reprieve have watched Mohammed el Gharani grow up in prison. It is high time he left. And while it is not too late for President Obama to let him go, and take a strong stand on these issues, he has lost precious time. Today we heard moral equivocation from the lips of the very man who lambasted Guantanamo repeatedly on the campaign trail.

*This post was updated after the speech President Obama made on Thursday.