That, nonetheless, left unanswered the query of what it could imply if Afghanistan was now not an energetic zone of armed battle, at the same time as combating raged elsewhere 1000’s of miles away.
Mr. Haroon’s case could also be stronger since he’s an Afghan citizen, versus different detainees who the federal government says traveled to Afghanistan to hitch Osama bin Laden’s Islamist motion. There is just one different Afghan nonetheless at Guantánamo, Muhammad Rahim, 55, however he presents a extra advanced case.
He was initially held in C.I.A. custody as a “high-value detainee,” and his 2016 intelligence profile describes him as a courier and facilitator for Al Qaeda — together with for Bin Laden — who had advance information of the Sept. 11 assaults. He has by no means been charged with battle crimes.
If the proof is robust that Mr. Rahim labored instantly for Al Qaeda, the federal government can argue that wartime authority continues to exist to carry him to forestall him from returning to the struggle, even when the warfare involving america in Afghanistan is over. However his lawyer, Cathi Shusky, a federal defender in Ohio, argued that the proof was weak.
“There’s an affordable clarification he wasn’t a part of both” Al Qaeda or the Taliban, mentioned Ms. Shusky, who mentioned lots of the particulars of his case had been labeled, stopping her from elaborating. “There may be some twisting of the narrative. I believe when the information are absolutely revealed, it’s going to present his continued detention will not be lawful.”
A U.S. army consultant for Mr. Rahim, advised an administrative overview board in March 2016 that Mr. Rahim regretted his previous and wished to return to his two wives and 7 kids in Afghanistan. His motivations weren’t ideological, the consultant mentioned, reasonably “he solely did what he did for cash, so he may feed his household.”
His federal court docket petition for launch has been on maintain for years whereas he sought launch by the board, which has repeatedly declared his detention a nationwide safety necessity. However Ms. Shusky mentioned she and one other lawyer had been planning to revive his habeas corpus case in mild of the choice to tug out of Afghanistan.