The US Department of Defense on June 24 announced the release of Asadullah Haroon Gul, an Afghan national, who had been held for 15 years without charge at the Guantánamo Bay detention camp. Gul was incarcerated at Guantánamo in 2007 on accusations of being a member of al-Qaeda and Hezb-e-Islami (HIA), an insurgent group that fought against the US in Afghanistan. HIA signed a peace agreement with the US-backed Afghan government in 2016.
A group of United Nations experts have condemned the US Guantánamo Bay detention facility in Cuba, calling it a site of "unparalleled notoriety." The statement came on the eve of Jan. 11, which marks the twentieth anniversary of the arrival of the first terrorism suspects at Guantánamo.
The Taliban on Sept. 6 announced that they have taken the Panjshir Valley from the incipient National Resistance Front of Afghanistan (NRFA). In an audio statement from an undisclosed location, NRFA leader Ahamd Masoud pledged to carry on the fight, and called upon Afghans to launch a national uprising against the Taliban. Another NRFA leader, Fahmi Dashti, was reported killed in the battle for the Valley. News sources in India claimed he met his death in a targeted drone strike launched by Pakistan. (Khaama, NDTV, WION, WaPo)
As the Taliban, now in full control of Kabul, pledge an "inclusive" Afghan government in prepared press statements, deadly repression against anti-Taliban protesters is reported from the eastern city of Jalalabad. On Aug. 18, the day before Afghanistan's independence day, protesters took to the streets of Jalalabad waving the black, red and green national flag—and tearing down the white and black Tawhid flag of the Taliban. Witnesses said Taliban fighters fired on protesters indiscriminately, and at least three were killed. (Khaama, Khaama, Sky News, UNILAD, TOLO News) On Aug. 19, the day Afghanistan won full independence from Britain in 1919, a similar protest was held in Khost, where social media videos again show Taliban fighters firing on demonstrators. No casualties were reported, but the city has been placed under a 24-hour curfew. (AP, CNN, Latestly)
Guantánamo Bay detainee Abu Zubaydah, who has been held for 19 years without charges or a trial, filed a complaint on April 30 with the UN Working Group on Arbitrary Detentions (UNWGAD) requesting intervention in his case. Zubaydah was captured in Pakistan after the September 11 attacks and was held and tortured by the CIA in various top-secret "black sites." The CIA originally believed that Zubaydah was a close associate of al-Qaeda, but after four years of interrogation, they concluded that he was not linked to the group. He was then moved to Guantánamo in 2006. The US government has justified Zubaydah's continued detention by asserting its broad authority under the Authorization for Use of Military Force (AUMF). Under the AUMF, passed after 9-11, detainees can be held until the "cessation of hostile activities." But Zubaydah asserts in his complaint that this "law of war" rationale is in conflict with international human rights laws.
The Biden administration on Feb. 12 launched a review of the US military prison in Guantánamo Bay, Cuba, to determine the facility's fate over the next four years. White House spokespersons told reporters that the administration is considering an executive action to close the prison camp by the end of Biden's term. When asked whether the administration would close the prison within that timeframe, White House spokesperson Jen Psaki replied, "That certainly is our goal and our intention." National Security Council spokesperson Emily Horne reaffirmed this goal, saying, "We are undertaking an NSC process to assess the current state of play that the Biden administration has inherited from the previous administration, in line with our broader goal of closing Guantánamo."
The Supreme Court on June 10 denied certiorari in the case of Moath Hamza Ahmed al-Alwi, a Yemeni who has been held as an "enemy combatant" at Guantánamo since 2002. Al-Alwi was captured in Pakistan in late 2001, and the government concluded that he had fought in Afghanistan as part of a Qaeda-commanded unit. Al-Alwi denied this unsuccessfully during his original round of habeas corpus proceedings, and in 2015 initiated a new habeas case arguing that the nature of US involvement in Afghanistan had changed such that the use of military detention is no longer justified under the 2001 Authorization for Use of Military Force (AUMF). The district court and the US Court of Appeals for the DC Circuit disagreed, and the Supreme Court has now declined to review the appellate court's conclusion.
Amnesty International on Jan. 10 called the Guantánamo Bay prison camp a "stain on human rights," on the eve of the facility's seventeenth anniversary. Guantánamo prison currently holds 40 detainees, many of whom were tortured by the CIA before being transferred to the facility. Some of these detainees have been cleared for transfer for years, but still remain at the facility. Some have been waiting for transfer as far back as 2010. Since its opening, the Guantánamo facility has housed around 800 prisoners, many without formal charges or due process.