Brig. Gen. Mark Martins Opening Statement

ISAF Press Briefing – 16 Jun 2010 

Good morning.  I appreciate the opportunity to talk for a few minutes about Joint Task Force 435 and its connection to the issues identified by Brigadier General Blotz. 

JTF 435 is a task force consisting of 2,100 U.S. and Afghan military personnel and civilian officials.  A corrections expert from the United Kingdom just recently joined us, and other U.K. officials will soon also be on board.  JTF 435 is in charge of U.S. detention operations for General McChrystal and is responsible for assisting the Government of Afghanistan to receive the Detention Facility in Parwan next year.  The transition of that facility to Afghanistan control is occurring in a manner that is compliant with all requirements of humane treatment, care, and custody.  The transition emphasizes capacity building for a range of vocational-technical training opportunities, basic literacy, and other education that will prevent released detainees from engaging in armed opposition to the Afghanistan state and people.  The transition is designed to implement the laws of Afghanistan.  I believe that those of you who have visited the Detention Facility in Parwan or attended one of the 27 detainee release shuras in the 9 provinces where they have occurred may know something of what I am talking about. 

We welcome the attention that detention operations have been receiving in Afghanistan following the National Consultative Peace Jirga.  The resulting Resolution and the recent decree by President Karzai to implement the Resolution have created favorable dynamics that we should all encourage. 

The Peace Jirga Resolution is consistent with the ongoing dialogue the United States has been having with the Afghan government for months.  We are committed to helping implement President Karzai’s inaugural pledge last November to make the detention and prosecution of suspects the responsibility of Afghanistan alone.  We are also implementing the commitment last month by President Karzai and President Obama—during President Karzai's trip to Washington—to work together toward full Afghan responsibility of all detentions, starting with the Detention Facility in Parwan in 2011.  And in this area, U.S. and Afghan goals are absolutely aligned: we will nothold detainees based on unreliable information or sources.  If we must detain, that decision is based on all the information and evidence and intelligence in our and our Afghan partners’ possession.  These include fingerprints on improvised explosive devices, chemical analysis of explosive residue on suspects’ clothing, and other types of information. 

We are making steady progress toward our goal to make the detention and prosecution of suspects a matter of Afghan law enforcement.  We are committed to doing so as soon as the investigative, prosecutorial, judicial, and corrections capacity in Afghanistan exists. 

The language in the Peace Jirga Resolution refers principally to detainees in the Afghan prison system—which number some 15,000--not to those held in military custody, which number less than 1000 at any given time.

For detainees in military custody, JTF 435—increasingly with the help of Afghan investigators and prosecutors—administers a rigorous and lawful procedure both to review the grounds for detention and to determine whether a detainee continues to pose a threat to the people or to Afghan and coalition forces.  At the center of this procedure is the Detainee Review Board or DRB.   The DRB provides each detainee a right to speak on his own behalf and hear the evidence while also incorporating testimony and input from Afghan community leaders, village elders, family members, and other witnesses.  Since March, more than 380 witnesses have testified live before DRBs, and another 100 have testified by telephone or  videoteleconference.  Another three hundred witnesses have submitted documents and petitions to this transparent and fair process. 

The results of these boards speak to their fairness.  Since January, 114 detainees have been released under this process.  Twelve men were released just last week, and another 25 will be released soon, in coordination with the Committee appointed by President Karzai and headed by the Minister of Justice.   At these release shuras, before their families, their communities, and provincial and national government officials, detainees sign a written pledge renouncing violence and committing to remaining in contact with the authorities.  Families and community leaders sign a pledge to support the former detainee in these commitments.  

And as you may know, the Afghan government is now holding hearings and trials for detainees in Parwan, and an Afghan court with Afghan judges and Afghan lawyers just last week convicted two detainees of bomb-making after confirming their fingerprints had been found on improvised explosive devices.  Two other detainees were convicted of much lesser offenses and were sentenced to time already spent in detention. 

Our command is growing with the addition of Afghan, U.S. and international partners.  The second cohort of 300 Afghan guards reported to Parwan last week following their basic and advanced individual training as part of the ongoing process to build the corrections force necessary to assume responsibility for the facility.  Many other Afghan and U.S. officials are already in our combined ranks, including experts from several Afghan law enforcement and national security agencies and from the U.S. Departments of Justice and State.  Our intended role is as advisors and partners, working so that detention operations can become the responsibility of Afghanistan alone as soon as that can be done within all applicable laws. 

Many Afghans and others continue to see our work first-hand.  We receive many telephone calls and e-mails about individuals in our custody, which we look into and respond to.  Since January, more than a thousand official visitors have come to the Detention Facility in Parwan and to the associated justice sector compounds to see the conditions and observe DRBs and trials.  Among these visitors have been members of Parliament, government ministers, foreign diplomats, and the International Committee of the Red Cross.  Later today, the Afghan Independent Human Rights Commission will complete a three-day visit.   

Let me also re-extend to all of you an invitation to come visit the Detention Facility in Parwan.  You will be able to see for yourselves the focus on humane care and custody of detainees under the rule of law, the thoroughness of the Detainee Review Boards, the increasing Afghan criminal justice and corrections capacity, and some of the reintegration, educational and vocational programs.   

And now, General Mohibulla, Mr. Gottlieb, and I would be happy to take some questions.  

Brig. Gen. Mark Martins Closing Remarks Following Q & A 

In closing, let me say that JTF 435 is committed to building capacity for humane, effective, and legitimate detentions and to promoting the rule of law.  Those who refuse to be reconciles must be kept apart from those willing to rejoin peaceful society.  And the willing must be offered meaningful opportunities to turn away from violence.  Only by achieving these things will Afghans be able to share in the hopes common to all  humanity: to live in peace and security, to get an education and work with dignity, and to love our families, our communities, and our God. 

Transparently, fairly, united, and respectful of law, the Afghans and coalition partners in JTF 435—military and civilian—will be working toward this goal.   

Thank you.