Bagram FOIA
What's at Stake
In April 2009, the ACLU filed a Freedom of Information Act (FOIA) request for records relating to the detention and treatment of prisoners held at the Bagram Airfield in Afghanistan. The ACLU is asking the Obama administration to make public records pertaining to the number of people currently detained at Bagram, their names, citizenship, place of capture and length of detention, as well as records pertaining to the process afforded those prisoners to challenge their detention and designation as "enemy combatants."
Summary
The U.S. government's Bagram detention facility has been the focus of widespread media attention and public concern for many years, but very little information is publically available about the secrecy-shrouded facility or the prisoners held there. The U.S. government has been detaining an unknown number of prisoners at the Bagram detention facility since 2002, and recent news reports indicate that the more than 1,800 individuals are currently detained there – some of whom have been held for as long as six years without access to counsel or a meaningful opportunity to challenge their imprisonment. The conditions of confinement at Bagram have at times been very primitive, with numerous allegations of mistreatment and abuse. In fact, at least two prisoners died there after undergoing brutal interrogations. There is public concern in the U.S. and around the world that Bagram has become, in effect, the new Guantánamo.
In January 2010, in response to the ACLU’s lawsuit, the Defense Department released for the first time a list of the 645 prisoners held at Bagram in September 2009, but other vital information including their citizenship, how long they have been held, in what country they were captured and the circumstances of their capture has been redacted.
Although the nation is embroiled in an intense public debate about U.S. policy pertaining to the detention and treatment of prisoners in U.S. custody, Americans remain completely in the dark about even the most basic facts about Bagram. When prisoners are in U.S. custody and under U.S. control – no matter the location – our values and commitment to the rule of law are at stake. Now that President Obama has taken the positive step of ordering Guantánamo shut down, it is critical that we don't permit 'other Gitmos' to continue elsewhere.
TIMELINE
April 2013: Department of Defense releases April 2009 Bagram Detention Operations Policy Memorandum and releases newly unredacted portions of documents related to Bagram detention and detention-review policies.
August 2012: Department of Defense, Justice, and State release additional documents produced by the Special Task Force on Detainee Disposition, among others, in rolling response to the ACLU's FOIA request.
July 2011: Defense Department files motion to seek return of improperly classified document given to the ACLU that contains "enduring security threat" detention criteria. (Learn More »)
June 2011: ACLU urges Defense Department to declassify documents produced to the ACLU that disclose "enduring security threat" detention criteria.
October 2010: Defense Department releases a less-redacted version of the list of Bagram detainees.
May 14, 2010: Defense Department releases documents pertaining to the detention policies and conditions at Bagram.
April 12, 2010: As a result of the ACLU’s FOIA litigation, the Defense Department releases a less-redacted version of the list of Bagram detainees.
March 2010: ACLU files a brief asking a federal court to order Defense Department to disclose basic facts it is improperly withholding about Bagram prisoners, and to order CIA to process the FOIA request.
January 2010: In response to the ACLU’s lawsuit, the Defense Department releases for the first time a list of the 645 prisoners held at Bagram in September 2009. Although the list includes prisoners’ names, other vital information is redacted.
September 2009: ACLU files lawsuit to enforce FOIA request.
July 2009: Defense Department sends ACLU a letter refusing to release a list of Bagram detainees.
May 2009: CIA sends ACLU a letter refusing to confirm or deny the existence of records relating to Bagram.
April 2009: ACLU files Freedom of Information Act (FOIA) request for Bagram records.
Legal Documents
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12/05/2011
Bagram FOIA - Government Reply Memorandum in Response to ACLU Opposition and Motion for Partial Summary Judgment re Enduring Security Threat Document
Date Filed: 12/05/2011
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12/05/2011
Bagram FOIA - Supplemental Lietzau Declaration in Support of Goverment Reply re: Enduring Security Threat Document
Date Filed: 12/05/2011
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12/02/2011
Bagram FOIA - Exhibits to the Shamsi Declaration A-K
Date Filed: 12/02/2011
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12/02/2011
Bagram FOIA - Exhibits to the Shamsi Declaration AA-AE
Date Filed: 12/02/2011
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12/02/2011
Bagram FOIA - Exhibits to the Shamsi Declaration L-Q
Date Filed: 12/02/2011
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12/02/2011
Bagram FOIA - Exhibits to the Shamsi Declaration R-Z
Date Filed: 12/02/2011
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12/02/2011
Bagram FOIA - Shamsi Declaration in Support of the Opposition to Government Motion for Summary Judgment re Enduring Security Threat Document
Date Filed: 12/02/2011
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11/23/2011
Partially Redacted Memorandum in Opposition to Government Motion for Summary Judgment re: Enduring Security Threat Document
Date Filed: 11/23/2011
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11/22/2011
ACLU Letter to the Court Opposing Redactions to Summary Judgment Brief
Date Filed: 11/22/2011
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10/25/2010
Bagram FOIA - Order on Motion for Summary Judgement
Date Filed: 10/25/2010
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09/22/2009
ACLU, et al. v. DOD, et al. - Complaint for Injunctive Relief
Date Filed: 09/22/2009
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08/13/2009
ACLU Administrative Appeal Of Withholding Of Bagram Detainee List
Date Filed: 08/13/2009
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08/13/2009
Bagram FOIA - ACLU Administrative Appeal of Withholding of Bagram Detainee List
Date Filed: 08/13/2009
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07/28/2009
Bagram FOIA - DOD Letter Refusing to Release List of Bagram Detainees
Date Filed: 07/28/2009
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07/14/2011
Bagram FOIA - Joint Letter to Court Re: Enduring Security Threat Document
Date Filed: 07/14/2011
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07/14/2009
Bagram FOIA - DOD Letter Denying Aclu's Expedited Processing and Fee Waiver Appeal
Date Filed: 07/14/2009
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07/13/2011
Barnea Declaration in Support of Government Motion for Summary Judgment re: Enduring Security Threat Document
Date Filed: 07/13/2011
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07/13/2011
Government Memorandum in Support of Motion for Summary Judgment re: Enduring Security Threat Document
Date Filed: 07/13/2011
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07/13/2011
Lietzau Declaration in Support of Government Motion for Summary Judgment re: Enduring Security Threat Document
Date Filed: 07/13/2011
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06/30/2009
Bagram FOIA - ACLU's Second Administrative Appeal of Fee Waiver Denial
Date Filed: 06/30/2009
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06/23/2009
Bagram FOIA - ACLU Administrative Appeal
Date Filed: 06/23/2009
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06/15/2009
Bagram FOIA - ACLU's First Administrative Appeal of Fee Waiver Denial
Date Filed: 06/15/2009
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06/12/2009
Bagram FOIA - ACLU Administrative Appeal of Expedited Processing and Fee Waiver Denial
Date Filed: 06/12/2009
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06/01/2009
Bagram FOIA - State Dept. Letter Granting Expedited Processing of FOIA Request and Denying Fee Waiver
Date Filed: 06/01/2009
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05/15/2009
Bagram FOIA - DOJ Letter Granting Expedited Processing of FOIA Request
Date Filed: 05/15/2009
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05/13/2009
Bagram FOIA - CIA Letter Refusing to Confirm or Deny Existence of Records
Date Filed: 05/13/2009
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05/06/2010
Bagram FOIA - Reply Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment
Date Filed: 05/06/2010
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05/06/2010
Bagram FOIA - Supplemental Declaration of Melissa Goodman
Date Filed: 05/06/2010
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05/06/2010
Bagram FOIA - Declaration of Andrea J. Prasow
Date Filed: 05/06/2010
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05/06/2009
Bagram FOIA - DOD Letter Refusing Expedited Processing of FOIA Request and Denying Fee Waiver
Date Filed: 05/06/2009
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04/23/2009
ACLU FOIA Request for Records Pertaining to Detention and Treatment of Prisoners at Bagram Air Base
Date Filed: 04/23/2009
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04/18/2013
Bagram FOIA - Request from General David H. Petraeus to Secretary of Defense for Policy Guidance Regarding Unlawful Enemy Combatant Review Board Procedures
Date Filed: 04/18/2013
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04/18/2013
Bagram FOIA - Bagram Detention Operations Policy Memorandum
Date Filed: 04/18/2013
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04/18/2013
Bagram FOIA - Bagram Theater Internment Facility (BITF) Policy Review
Date Filed: 04/18/2013
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04/18/2013
Bagram FOIA - Proposed Revisions to Detainee Review Procedures in Afghanistan
Date Filed: 04/18/2013
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04/18/2013
Bagram FOIA - Unlawful Enemy Combatant Review Board (UECRB) Procedures
Date Filed: 04/18/2013
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04/18/2013
Bagram FOIA - Policy Guidance on Review Procedures and Transfer and Release Authority at BITF
Date Filed: 04/18/2013
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04/18/2013
Bagram FOIA - Government Release Cover Letter
Date Filed: 04/18/2013
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04/18/2013
Bagram FOIA - Government Release Vaughn Index
Date Filed: 04/18/2013
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04/12/2010
Bagram FOIA - Declaration of Jean-David Barnea
Date Filed: 04/12/2010
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04/12/2010
Bagram FOIA - Supplemental Declaration of Wendy Hilton
Date Filed: 04/12/2010
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04/12/2010
Bagram FOIA - Government Reply Memo in Opposition to Plaintiffs' Motion for Partial Summary Judgment
Date Filed: 04/12/2010
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04/12/2010
Bagram FOIA - Declaration of Michael Flynn
Date Filed: 04/12/2010
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03/10/2010
Bagram FOIA - Plaintiffs' Motion for Partial Summary Judgment
Date Filed: 03/10/2010
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03/10/2010
Bagram FOIA - Memo in Support of Motion for Partial Summary Judgment
Date Filed: 03/10/2010
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03/10/2010
Bagram FOIA - Declaration of Jonathan Hafetz
Date Filed: 03/10/2010
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02/02/2012
ACLU Reply in Support of Cross-Motion for Partial Summary Judgment re: Enduring Security Threat Document (Unsealed Feb. 10, 2012)
Date Filed: 02/02/2012
Download DocumentPress Releases
Government Seeks Return of Improperly Classified Document Given to ACLU
ACLU Argues Bagram Detainees Must Be Able To Challenge Their Detention
Federal Court Rules Government Can Keep Secret Basic Facts About Bagram Prisoners
Obama Administration Might Hold Non-Afghan Detainees At Bagram Indefinitely After Prison Transfer
Federal Court Rules Bagram Prisoners Can't Challenge Their Detention In U.S. Courts
ACLU Demands Disclosure Of Basic Facts About Bagram Detainees