Monday, January 18, 2010
The government on Friday released the names of the detainees at Bagram Airbase in Afghanistan in response to a FOIA lawsuit by the ACLU. According to the list, there are 645 detainees at Bagram. The government redacted information about their citizenship and the date, location, and circumstances of their capture.
The list came out just a week after the D.C. Circuit heard oral arguments in Al-Maqaleh v. Gates, the case testing whether the privilege of habeas corpus, established for detainees at Guantanamo Bay in Boumediene v. Bush, extends to detainees at Bagram. We analyzed the lower court decision here.
In related news, the New York Times editorialized yesterday that the D.C. Circuit should rule in favor of the detainees in Al-Maqaleh. The Times argued that, although Bagram is in an active theater of war (unlike Guantanamo Bay), prisoners there were not captured in a war zone. And U.S. courts have shown themselves fully capable of dealing with habeas petitions of Guantanamo detainees.