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Biden’s decision on Afghanistan raises Guantanamo questions
US President Joe Biden’s decision to withdraw all troops from Afghanistan is raising questions about what, if any, effect that will have on the future of the Guantanamo Bay detention center.
According to The Hill, at least two prisoners who have been challenging their detention have already updated their complaints to include Biden’s withdrawal as a reason they should be released.
But according to some experts while the war on terrorism will continue even after the last U.S. service member leaves Afghanistan, the legal justification for indefinite detention at Guantanamo does not appear to be going anywhere anytime soon, The Hill reported.
“I think the short answer is that we just don’t know,” Steve Vladeck, a University of Texas law professor, said of the withdrawal’s effect on Guantanamo.
“It clearly provides the remaining Guantanamo detainees with a new ground on which to challenge the legal basis for their continuing military detention, and one that is not necessarily foreclosed by existing precedent,” he added in an email.
“But it’s not at all clear that courts will be sympathetic to those arguments, not just because they haven’t been to date, but because the Executive Branch is likely to argue that the conflict with al-Qaeda isn’t ending just because we’re leaving Afghanistan.”
Forty men remain detained at the facility opened by former President George W. Bush after the U.S. invasion of Afghanistan. Six have been cleared for transfer, and seven have been charged in the military commission system, including the five 9/11 suspects.
According to The Hill, the Biden administration is in the midst of reviewing the facility with the intention of closing it, but it remains to be seen whether that effort will be successful.
Amid the administration’s review, Biden is facing pressure to fulfill his promise to close the facility and 24 Senate Democrats penned a letter to Biden last week saying he could close the facility with “sufficient political will and swift action.”
“After years of indefinite detention without charge or trial; a history of torture and cruel, inhuman, and degrading treatment; and multiple attempts at a thoroughly failed and discredited military commission process, it is past time to close Guantanamo’s detention facility and end indefinite detention,” read the letter, which was organized by Senate Majority Whip Dick Durbin and Senate Appropriations Committee Chairman Patrick Leahy.
When Biden announced earlier this month he was ordering a full withdrawal from Afghanistan by September 11, he declared, “It’s time to end the forever war.”
But Alli McCracken Jarrar, North American campaigner for Amnesty International, told The Hill that if Biden is serious about ending the “forever war,” he will close Guantanamo.
“I hope that he can align his timeline to withdraw from Afghanistan with his plan to close Guantanamo,” she said. “It would be wonderful to see the whole detention camp shut down and the men transferred out by September 11. And I think that would make a lot of groups feel happy and would really be a positive sign that he’s committed to his human rights obligations.”
The Hill reported that last week, lawyers for two Guantanamo detainees filed motions for the release of their clients, citing the withdrawal.
One of the two detainees is Asadullah Haroon Gul, an approximately 40-year-old Afghan captured by Afghan forces in 2007. His lawyers argued in a motion seeking their client’s immediate release that the withdrawal takes away any basis to continue holding him.
“The law is clear: Asadullah gets to go home now, regardless of whether, as the government incorrectly contends, he was part of or substantially supported al- Qaeda,” his lawyers wrote in the motion.
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Tajikistan reaffirms support for peace and stability in Afghanistan
Tajikistan has reaffirmed its support for the Afghan people, stressing that peace, stability and economic opportunities in Afghanistan are closely linked to security and sustainable development in the region.
Speaking at the 81st session of the United Nations General Assembly in New York on Saturday, Tajik Foreign Minister Sirodjiddin Muhriddin said lasting security and sustainable development in the region are closely connected to the situation in Afghanistan.
“Afghanistan needs peace, stability and economic opportunity,” Muhriddin said.
He added that Tajikistan would continue to support the Afghan people and constructive regional cooperation aimed at achieving a peaceful and stable Afghanistan.
“When Tajikistan speaks about peace, we also speak from experience,” Muhriddin said.
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Germany reports 488 Afghans for possible deportation, 267 have no criminal convictions
The Interior Ministry says around 250 Afghan nationals have been deported to Afghanistan since the current coalition government took office.
German authorities have identified 488 Afghan nationals for possible deportation to Afghanistan, including 267 who have no criminal convictions, according to figures from the Interior Ministry.
The figures were disclosed in a written response to a parliamentary inquiry by Left Party lawmaker Clara Bünger and reported by German media. They cover cases submitted by Germany’s federal states to the Federal Police between July 8 and September 18. All federal states except Bremen and Mecklenburg-Vorpommern submitted Afghan nationals for possible removal.
Seven Afghan nationals are currently being held in deportation detention at the request of the Federal Police, while another is in custody pending refusal of entry, the ministry said.
The figures come as Germany expands preparations for deportations to Afghanistan. In July, Germany carried out its first deportation of an Afghan national without a criminal conviction since the Islamic Emirate of Afghanistan (IEA) returned to power in 2021.
Germany had suspended deportations to Afghanistan following the IEA takeover in 2021. Flights resumed in 2024, initially focusing on people convicted of serious crimes. The government has since moved to broaden removals to some Afghans who have no criminal convictions.
The German government has said deportations should be carried out against people who are legally required to leave Germany and for whom no individual deportation ban applies. Earlier government statements said the initial focus would be on convicted criminals and people considered security threats.
The policy has drawn criticism from opposition politicians and refugee and human rights groups. Bünger questioned the deportation of Afghans without criminal convictions, citing security, humanitarian and human rights concerns in Afghanistan.
Germany’s Federal Constitutional Court has also ruled that the government cannot cancel certain humanitarian admission commitments to Afghans en masse without examining individual cases, adding to legal scrutiny of its Afghanistan policy.
The Interior Ministry says around 250 Afghan nationals have been deported to Afghanistan since the current coalition government took office.
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Afghanistan says 28 killed, 32 captured in Nuristan operation
The ministry claimed the individuals were subsequently sent into Afghanistan to create insecurity in Nuristan.
Afghanistan’s Ministry of Defense says its forces have killed 28 people and captured 32 others during an operation against groups it accused of attempting to enter the country through the Durand Line in Kamdesh district of Nuristan province.
In a statement issued on Saturday, the ministry said several groups affiliated with Daesh, along with what it described as “Shar-o-Fasad” elements, crossed into Afghan territory with the support and encouragement of Pakistani militias, allegedly with the aim of carrying out acts of subversion and creating insecurity.
The ministry said Afghan security and defense forces responded by launching operations against the groups.
“Twenty-eight of them were killed, while another 32 were captured alive,” the statement said. It added that a number of others fled back across the Durand Line or to the centres of Pakistani militias.
The Defense Ministry further claimed that Pakistani military personnel, Pakistan-affiliated “Arbaki” forces and Daesh elements were present in coordination with the groups, but fled the battlefield once fighting began.
The ministry also alleged that many of those involved were former military personnel who served under Afghanistan’s previous government.
According to the statement, Pakistani intelligence agencies allegedly took some of them to Pakistan after promising assistance in securing asylum and employment abroad, before transferring them to military camps along the Durand Line for training.
The ministry claimed the individuals were subsequently sent into Afghanistan to create insecurity in Nuristan.
It called on young people and former military personnel who it said had been deceived by Pakistani intelligence agencies and “Shar-o-Fasad” elements to avoid becoming involved in such activities and to surrender to Afghan security forces.
The statement also urged countries in the region to remain vigilant over what it described as Pakistan’s efforts to export conflict by training and deploying hostile groups into neighbouring countries.
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