Update: Reuters is reporting that the 65 prisoners were released on February 13.
Without a single hint of awareness of the irony involved, the US military yesterday released a statement decrying Afghanistan’s decision calling for the imminent release of 65 prisoners held at the Afghan National Detention Facility at Parwan, stating that the release would be a “major step backward for the rule of law in Afghanistan”. There are 88 prisoners over whom the US and Afghanistan disagree, but so far only 65 are subject to the current release orders (with the release order for 37 of the 65 dating back to January). Recall that an independent commission, headed by Abdul Shakor Dadras, has been reviewing the status of the prisoners handed over from US control. Despite US bleating that Karzai and Dadras are releasing hardened insurgents bent on returning to battle, it is hardly noted that over 100 of the prisoners have been ordered held over for trial and that the US has not disputed the release of hundreds of others (648 out of 760 reviewed as of January) against whom there was no evidence of crimes.
In their rush to transcribe the complaints from the US military, articles by the New York Times and Los Angeles Times quickly brush over the fact that the results of the Dadras board have been reviewed both by the Afghan attorney general’s office and Afghanistan’s National Directorate of Security, which is the main intelligence agency. In fact, the New York Times doesn’t mention the NDS review at all. From the Los Angeles Times article:
Afghan officials issued a sharp rebuttal, saying the attorney general’s office and the National Directorate of Security – Afghanistan’s CIA – had reviewed the U.S. information and found insufficient evidence to continue to hold the prisoners. “According to Afghan laws there is no information gathered about these detainees to prove them guilty, so they were ordered released,” Abdul Shakoor Dadras, head of the Afghan government committee responsible for the prisoner issue, said in an interview Tuesday.
The New York Times has also posted a document (pdf) purporting to lay out the evidence against the 37 disputed prisoners cleared for release in January. Remarkably, although the military is expressing concern for rule of law, there is a strong reliance on failed polygraph tests in the evidence cited. Of course, polygraph results are so unreliable that they are not admissible in most US states, but that doesn’t seem to matter to the military. Fingerprints and other biometric matches are also cited in the document for some prisoners, but whether these matches are strong or weak is not discussed, even though a court would be very interested in the level at which the match is said to occur. Similarly, evidence of explosive residue is cited for some of the prisoners without any discussion of how conclusive the test result was. Laughably, possession of firearms is cited for many of the prisoners, despite the fact that the country in which they live has been at war for over the last twelve years after the US military invaded.
Back in January, Dadras had this to say about some of the evidence:
Mr. Dadras said in an interview on Monday that he was only being true to Afghan law. He insisted that he had to discard any evidence that was collected without a defense lawyer present, which would appear to include anything in the suspect’s possession when captured. He also said he distrusted evidence collected years after suspects were detained, and was not persuaded when lab analysis found residue from chloride chemical compounds used in explosives. Suspects could have picked up the residue other ways, he said.
“The air is contaminated with chlorides, given the fighting; there is bombing and the wind,” Mr. Dadras said.
Returning to the US military statement, they do acknowledge that Afghanistan’s attorney general’s carried out a review of the disputed cases. However, they dismiss that review: Read more