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| Afghanistan Moves Closer to Freeing 37 Detainees | |
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| KABUL, Afghanistan — Despite American protests, the Afghan government has issued formal release orders for 37 prisoners who are regarded by the NATO-led coalition as dangerous insurgents responsible for the deaths of Americans and Afghans. The release orders set the stage for a renewed confrontation between President Hamid Karzai and the United States. | KABUL, Afghanistan — Despite American protests, the Afghan government has issued formal release orders for 37 prisoners who are regarded by the NATO-led coalition as dangerous insurgents responsible for the deaths of Americans and Afghans. The release orders set the stage for a renewed confrontation between President Hamid Karzai and the United States. |
| The Americans say there is enough evidence to prosecute the men, who are being held at what was once the main American prison in Afghanistan, at Bagram. But Afghan officials appear determined to release as many detainees as possible. Mr. Karzai called the prison a “Taliban-making factory” over the weekend, and told reporters, “God willing, I will close Bagram.” | The Americans say there is enough evidence to prosecute the men, who are being held at what was once the main American prison in Afghanistan, at Bagram. But Afghan officials appear determined to release as many detainees as possible. Mr. Karzai called the prison a “Taliban-making factory” over the weekend, and told reporters, “God willing, I will close Bagram.” |
| American officials received that message on Sunday when they were told by Afghan officials that formal orders to release the 37 detainees had been issued last week, a senior American military official said. The step was not a surprise — Mr. Karzai gave instructions this month to proceed with the releases — but it prompted the American military command to renew its public fight to stop the process. | |
| In a statement issued on Monday before the Afghan authorities could make their own announcement about the release orders, the Americans called the plan “a major step backward in further developing the rule of law in Afghanistan.” It said the Afghan authorities would be “releasing back to society dangerous insurgents who have Afghan blood on their hands.” | In a statement issued on Monday before the Afghan authorities could make their own announcement about the release orders, the Americans called the plan “a major step backward in further developing the rule of law in Afghanistan.” It said the Afghan authorities would be “releasing back to society dangerous insurgents who have Afghan blood on their hands.” |
| The dispute over whether to release the detainees has added to a rift between Mr. Karzai and his American supporters. At its center is a long-term security agreement that would keep American troops and money in Afghanistan after the NATO combat mission ends this year, and would allow the United States to keep bases in Afghanistan for drone aircraft that can attack militants in remote areas and monitor Pakistan’s nuclear arsenal. | |
| Mr. Karzai has put off signing the agreement, and his public statements have turned increasingly hostile to the United States, at times echoing statements by the Taliban. He has suggested that Americans were ultimately to blame for all civilian deaths from the conflict in the country. | Mr. Karzai has put off signing the agreement, and his public statements have turned increasingly hostile to the United States, at times echoing statements by the Taliban. He has suggested that Americans were ultimately to blame for all civilian deaths from the conflict in the country. |
| The American ambassador to Afghanistan, James B. Cunningham, noted the increased acrimony coming from Mr. Karzai, and said that in disputes over the detainee issue and over civilian casualties in a recent airstrike in Parwan, the facts had been distorted. “More care for fact and more care for civility in our dialogue in public would be a good thing,” Mr. Cunningham told reporters at a briefing on Monday. | The American ambassador to Afghanistan, James B. Cunningham, noted the increased acrimony coming from Mr. Karzai, and said that in disputes over the detainee issue and over civilian casualties in a recent airstrike in Parwan, the facts had been distorted. “More care for fact and more care for civility in our dialogue in public would be a good thing,” Mr. Cunningham told reporters at a briefing on Monday. |
| Mr. Karzai has said that all he wants is to ensure that the agreement with the United States is a balanced one. But some Afghan and Western officials now believe that he has no intention of signing any deal, and that his administration is picking fights with the United States in an effort to win public support for his stance, which could cost Afghanistan billions of dollars in aid. | Mr. Karzai has said that all he wants is to ensure that the agreement with the United States is a balanced one. But some Afghan and Western officials now believe that he has no intention of signing any deal, and that his administration is picking fights with the United States in an effort to win public support for his stance, which could cost Afghanistan billions of dollars in aid. |
| The question of the detainees, long a thorny problem in Afghan-American relations, appeared settled in March when the United States agreed to turn the prison, adjacent to Bagram Air Base north of Kabul, over to Afghan control. Under that agreement, a review board appointed by Mr. Karzai began examining the cases of detainees who were already there or who have been captured since then. | The question of the detainees, long a thorny problem in Afghan-American relations, appeared settled in March when the United States agreed to turn the prison, adjacent to Bagram Air Base north of Kabul, over to Afghan control. Under that agreement, a review board appointed by Mr. Karzai began examining the cases of detainees who were already there or who have been captured since then. |
| A senior American military official said that the United States expected the board to release about one-third of the detainees and order the rest to stand trial. But the release rate has proved to be much higher: 648 of the 760 cases reviewed so far. | |
| Of those ordered released, 88 are still in Bagram, and the Americans have been pushing for months to have them prosecuted, arguing that freeing them over American objections would violate the prison transfer agreement, and that it would call into question any future deals with Afghanistan. | Of those ordered released, 88 are still in Bagram, and the Americans have been pushing for months to have them prosecuted, arguing that freeing them over American objections would violate the prison transfer agreement, and that it would call into question any future deals with Afghanistan. |
| With the Afghan authorities now preparing to release 37 of the 88 detainees, the Americans took the issue up again on Monday. A senior American military official who deals with detainees told reporters that there was strong evidence of guilt in most of the 37 cases, including fingerprints found on the inside of homemade bombs, DNA matches and explosive residue found on clothing. | With the Afghan authorities now preparing to release 37 of the 88 detainees, the Americans took the issue up again on Monday. A senior American military official who deals with detainees told reporters that there was strong evidence of guilt in most of the 37 cases, including fingerprints found on the inside of homemade bombs, DNA matches and explosive residue found on clothing. |
| American officials provided a dossier summarizing the cases against each of the 37 detainees. According to the dossier, they include experts in making improvised explosive devices, commanders of insurgent groups, money handlers for the Taliban and foot soldiers. Some detainees were caught in possession of rocket-propelled grenades, mortar tubes and shells, AK-47 assault rifles or other weapons, and one even had a sawed-off shotgun, the report said. | American officials provided a dossier summarizing the cases against each of the 37 detainees. According to the dossier, they include experts in making improvised explosive devices, commanders of insurgent groups, money handlers for the Taliban and foot soldiers. Some detainees were caught in possession of rocket-propelled grenades, mortar tubes and shells, AK-47 assault rifles or other weapons, and one even had a sawed-off shotgun, the report said. |
| But the senior American official said that no matter what evidence the United States cited, Abdul Shakor Dadras, the chief of the Afghan review commission, would dismiss it. | But the senior American official said that no matter what evidence the United States cited, Abdul Shakor Dadras, the chief of the Afghan review commission, would dismiss it. |
| “We spent one full day talking about a detainee,” the official said. “Solid case. Thumbprinted, signed confession, explosive residue tests. And he told me he would not send that to prosecution because he couldn’t tell for sure — maybe the thumbprint was made by the computer.” | “We spent one full day talking about a detainee,” the official said. “Solid case. Thumbprinted, signed confession, explosive residue tests. And he told me he would not send that to prosecution because he couldn’t tell for sure — maybe the thumbprint was made by the computer.” |
| By early December, the official said, the American side had concluded that “talking to Mr. Dadras was not going to be productive,” and the Americans have not met with him since. | By early December, the official said, the American side had concluded that “talking to Mr. Dadras was not going to be productive,” and the Americans have not met with him since. |
| 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. | 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. | |
| The senior American official said that Mr. Dadras seemed intent on obstructing prosecutions. “Every time I used science and evidence to talk to him, I would get responses that were out of the norm of what I would expect from someone who really wants seriously to discuss facts, evidence and law,” the official said. | The senior American official said that Mr. Dadras seemed intent on obstructing prosecutions. “Every time I used science and evidence to talk to him, I would get responses that were out of the norm of what I would expect from someone who really wants seriously to discuss facts, evidence and law,” the official said. |