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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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Human traffickers should be sentenced to 1 to 3 years in prison: IEA leader
The Leader of the Islamic Emirate has issued a decree instructing the Ministry of Interior Affairs to prevent human trafficking and to arrest and refer culprits to military courts.
The decree containing six articles says that that military courts should sentence human traffickers to one year in prison for the first time, two years if repeated for the second time and three years if repeated for the third time.
The ministries of Hajj, information, telecommunications, borders, propagation of virtue, as well as religious scholars are asked to inform the public about the dangers and adverse consequences of travelling through smuggling routes.
The decree comes as the rate of migration has increased following the political change in Afghanistan in 2021.
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Eight Afghan migrants die as boat capsizes off Greek island
Eight Afghan migrants died after a speedboat carrying migrants capsized off Greece's eastern island of Rhodes on Friday, the Associated Press reported.
Greek authorities said that the capsizing was the result of the boat’s maneuvering to evade a patrol vessel.
A total of 18 migrants — 12 men, three women and three minors — all Afghan nationals, were rescued, Greece's coast guard said Saturday. The dead were also from Afghanistan, it said.
Some migrants remained hospitalized, with one in critical condition, authorities said.
Two Turkish citizens, ages 23 and 19, were arrested as the suspected traffickers. The boat sank after capsizing, the coast guard said.
The sinking off Rhodes was the second deadly incident involving migrants in the past week.
Seven migrants were killed and dozens were believed missing after a boat partially sank south of the island of Crete over the weekend — one of four rescue operations during which more than 200 migrants were rescued.
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Norwegian Chargé d’Affaires meets with IEA deputy foreign minister
Welcoming the diplomat’s visit to Kabul, Stanikzai underscored the importance of political relations between Afghanistan and Norway, the foreign ministry said in a statement.
The Norwegian Chargé d’Affaires for Afghanistan, Per Albert Ilsaas, on Saturday met with IEA’s Deputy Foreign Minister for Political Affairs, Sher Muhammad Abbas Stanikzai, in Kabul.
Welcoming the diplomat’s visit to Kabul, Stanikzai underscored the importance of political relations between Afghanistan and Norway, the foreign ministry said in a statement.
In addition to focusing on bilateral political, humanitarian, and other pertinent issues, the two sides expressed hope that continued engagement would lead to constructive solutions to related issues.
This comes two weeks after the Foreign Ministry Spokesman Abdul Qahar Balkhi expressed disappointment regarding the decision by the Norwegian government to downgrade diplomatic relations with Afghanistan.
Balkhi said in a post on X that such decisions should not be linked with internal affairs of other countries.
“Diplomatic engagement is most effective when it fosters mutual understanding and respect, even amidst differing viewpoints,” he stated.
“Access to consular services is a fundamental right of all nationals. We strongly urge all parties to prioritize this principle in the spirit of international cooperation,” he added.
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