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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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Khalilzad calls for end to Pakistan’s ‘double game’, urges new chapter with Afghanistan
“Playing this double game must stop,” Khalilzad wrote, adding that it was time for Afghanistan and Pakistan to “turn a new page.”
Former U.S. Special Representative for Afghanistan Reconciliation Zalmay Khalilzad has called for an end to what he described as Pakistan’s “double game” over its alleged support for militant groups operating in Afghanistan, urging the two neighbouring countries to open a new chapter in their relations.
In a post on X, Khalilzad said he believed the past 30 years had demonstrated a significant gap between Pakistan’s public statements and its actions regarding armed groups involved in fighting in Afghanistan.
Referring to the period of the U.S. military presence in Afghanistan, Khalilzad alleged that Pakistan provided sanctuary and support to militants fighting U.S. and Afghan forces while publicly denying doing so.
“Playing this double game must stop,” Khalilzad wrote, adding that it was time for Afghanistan and Pakistan to “turn a new page.”
He called for greater economic cooperation and development between the two countries and said they should agree not to allow their respective territories to be used to threaten each other’s security.
Khalilzad’s comments come amid renewed tensions between Kabul and Islamabad over cross-border militancy and security allegations.
Pakistan has repeatedly accused the Islamic Emirate of Afghanistan of allowing Tehreek-e-Taliban Pakistan (TTP) and other militant groups to operate from Afghan territory. Kabul has denied providing sanctuary to groups planning attacks against Pakistan.
The dispute has increasingly spilled into military confrontation. Pakistan carried out airstrikes in Afghanistan on September 21, saying it had targeted militant positions, while Afghan officials and the United Nations said three civilians, including a woman and a girl, were killed. Pakistan said the strikes killed 28 militants.
Islamabad has also continued to accuse Kabul of failing to prevent attacks originating from Afghan territory. Pakistani authorities have said their military actions are carried out in response to security threats and in self-defence.
Pakistan, meanwhile, has rejected recent Afghan allegations that its security forces or intelligence agencies were involved in violence in Afghanistan’s Nuristan province, calling the claims baseless.
Against this backdrop, Khalilzad said improved relations should focus on economic cooperation, development and mutual security guarantees, with neither country allowing its territory to be used against the other.
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Afghanistan central bank and ACGF sign cooperation agreement
Da Afghanistan Bank (DAB) and the Afghan Credit Guarantee Foundation (ACGF) have signed a cooperationmemorandum of understanding (MoU) aimed at strengthening the financial sector and expanding access to financial resources for small, medium and large businesses.
The agreement was signed during a ceremony at the DAB Supreme Council Hall, where DAB First Deputy Governor Sediqullah Khalid said such agreements create opportunities to provide suitable and diverse Islamic financial services to citizens and expand access to financing for small and medium-sized enterprises.
Khalid said that under the agreement, banks and financial institutions will initially receive technical and professional support. He added that five banks and one microfinance institution will receive grants worth around $1 million in the first phase to support financing for small and medium-sized businesses.
He said other banks and financial institutions that meet the required criteria would benefit from the grants and related facilities in later phases.
Khalid also said that attention would be given to facilitating the creation and financing of small businesses for Afghans returning from other countries.
Under the agreement, the two sides will cooperate on strengthening the financial sector, expanding access to financial resources for businesses, promoting Islamic financial services and building the capacity of financial institutions.
Technical and professional assistance, training programs and capacity-building opportunities will also be provided to banking and non-banking financial institutions.
Roger Thomas Piltzer, chairman of the ACGF Board of Trustees, also welcomed the agreement and stressed the importance of continuing and expanding cooperation with Da Afghanistan Bank.
The agreement aims to establish a framework for cooperation between the two sides to strengthen Afghanistan’s financial sector, expand access to Islamic financial services and provide financial resources for small and medium-sized businesses.
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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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