Report on Progress Toward Security and Stability in - United States ...

initiatives represent a significant step towards filling critical justice sector gaps and improving
the professionalism of those working as judges, prosecutors and defense attorneys.
Improvements in infrastructure supporting the justice sector include a number of projects
designed to enable sustainability through the building or refurbishing courtrooms, prisons and
judicial offices across Afghanistan.
Progress toward a fully functional, transparent, and fair justice delivery system remains tenuous;
nevertheless, the Afghan judicial sector is on a path to greater sustainability. Afghanistan still
faces a host of challenges, including systemic corruption and inadequate coordination between
the formal and customary justice systems. Afghan ownership of further development efforts is
critical, as efforts aim to put in place the minimum conditions necessary to enable formal local
authorities, institutions, and the wider public to sustain the rule of law. This is a gradual process,
requiring continued international support to foster permanent changes in public perceptions of
the legitimacy of Afghan justice institutions and turn independent success stories into irreversible
trends.
DETENTION OPERATIONS
Combined Joint Interagency Task Force 435 (CJIATF 435) is responsible for U.S. Government
detainee operations in support of Operation ENDURING FREEDOM (OEF) in Afghanistan.
CJIATF 435 conducts detainee operations in the Combined Joint Operations Area-Afghanistan
(CJOA-A) by providing secure and humane care, custody, and control of the enemy to prevent
their return to the battlefield. Ultimately, U.S. forces will no longer need to detain most enemy
fighters when Afghanistan has demonstrated the capability to protect its citizens from national
security threats. U.S. forces will retain sufficient detainee operations capability for those
enemies that present an enduring threat to U.S. or partner interests and homelands.
On March 9, 2012, COMISAF and Minister of Defense Wardak signed a Memorandum of
Understanding (MOU) to transfer the Detention Facility in Parwan (DFIP) and Afghan detainees
held in the DFIP to Afghan control. The MOU stipulates a not-later-than transition date of
September 9, 2012, provided that certain conditions are met by both the U.S. and the Afghan
Government. CJIATF 435 has conducted detailed planning to implement the transition of the
3,132 detainees held by the U.S. under the Law of Armed Conflict (LOAC) at the DFIP as of the
end of this reporting period.
The transition will include a physical separation between the U.S.-controlled Bagram Airfield
and the DFIP, as well as U.S. efforts to partner with and mentor the emergent Afghan Detention
Operations Command (DOC). The DOC, according to the MOU, will be commanded by an
ANA 3-star general, and will include all components required under international law to provide
secure and humane care, custody, and control of detainees transferred from U.S. to Afghan
control.
Concurrently with transition planning and execution, the DFIP continues to see growth in
detainees due to continued and increased U.S. and Afghan security force operations. The DFIP
detainee population has increased 480 percent since its establishment in March 2010, including a
19 percent increase during the current reporting period. Currently, the transition of command
and control and support areas continues through the conditions-based transfer of detention
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