Afghanistan frees prisoners who were arrested by UK soldiers in Helmand

http://www.theguardian.com/world/2014/mar/21/afghanistan-frees-prisoners-uk-soldiers-helmand

Version 0 of 1.

Afghanistan has freed more than three dozen men who were arrested by UK soldiers in Helmand, saying there is not enough evidence to put them on trial. Discussion about the prisoners had dragged on until just a few hours before their planned release, but despite British objections Afghan authorities said they had sent 40 of them home as planned and kept only two in detention.

"Last night we were in meetings with the British until 1am," said Abdul Shakoor Dadras, a member of the committee reviewing the cases of prisoners seized by foreign soldiers. "There were 42 cases, and files for two of them have been sent to senior officials." He added that 15 other men, who had been captured by soldiers from other countries, were also released.

The UK government does not believe any of the men who walked out of the Bagram detention centre had killed British soldiers, but were suspected of fighting with or supporting the Taliban. However the embassy said it had accepted they were being freed and would focus on 45 other cases that might still come to trial.

"Ultimately, these decisions are for the Afghans," said the embassy spokesman Tim James. "The remainder [of the cases] are in the judicial system, mostly with the attorney general, and it will be him who decides if they will face prosecution."

The releases come less than a year after London handed the men over to Afghan authorities, after months of high-profile legal battles over their fate.

Afghan President Hamid Karzai waged a long and successful campaign for control of Afghan citizens held prisoner by foreign soldiers, arguing that their jails in the country were a violation of national sovereignty. He also objected to the use of military detention systems to hold prisoners for years without trial or right to appeal.

Karzai has always argued that hundreds were innocent, and described the jail as a "Taliban-producing factory" where men were brutalised until they turned against their country.

After he won control of the American-built Bagram prison, and thousands of men inside, Britain continued to hold onto prisoners it captured in Helmand, over fears they could face torture at the hands of Afghan jailers. Eventually however the men were sent to Bagram.

Many of the men jailed there have been released in recent months, frustrating US officials who believe Karzai is releasing Taliban to return to battle. Tensions peaked earlier this year over the freeing of 72 men who Washington said were responsible for the deaths or injuries of dozens of Afghans and foreign soldiers.

The UK appears to have taken a more low-profile approach in its dispute over the fate of its former prisoners, perhaps because the outrage in Washington appeared to have no impact in Bagram or Kabul.