Today in Washington D.C. District Judge Amit P. Mehta is hearing the habeas corpus application of Asadullah Haroon, the last \u201clow value\u201d Afghan detainee in Guant\u00e1namo Bay.<\/p>\n\n\n\n
This is not a trial \u2013 he has never been charged with an offence. His lawyers are challenging the legality of his detention without trial.<\/p>\n\n\n\n
This is the first such habeas hearing for two years, the first under the Biden administration, and comes three weeks after the President declared an end to hostilities in Afghanistan (and nine months after he stated his intention to close Guant\u00e1namo). Whatever legal justification may have existed to hold Asadullah Haroon evaporated with that announcement. He is a prisoner of war, and that war is over.<\/p>\n\n\n\n
Asadullah Haroon was raised in an HIA (Hizb Islami) refugee camp, and as a result was a member of the group. HIA struck a peace deal with the Afghan Government in September 2016. The U.S. has released 206 of 207 \u201clow value\u201d Afghan prisoners from Guant\u00e1namo. Asadullah Haroon is the only one who remains.<\/p>\n\n\n\n
This is also the first time in Guant\u00e1namo\u2019s 19-year history that a detainee\u2019s government has intervened in court, The Afghan government has submitted an amicus (\u201cfriend of the court\u201d) brief, noting that \u201chis continued detention is detrimental to relations between Afghanistan and the United States, compromising compliance with the letter and spirit of two different peace accords.\u201d<\/p>\n\n\n\n
At the first, classified, session of the hearing this morning, Asadullah Haroon made a statement to the court. Here is what he told his lawyers he would say:<\/p>\n\n\n\n
\u201cHi Judge. I am Asadullah. Thank you for hearing my case. Thank you to the court for the opportunity to speak I have waited so long for justice. I have always been clear that I was a part of HIA. I admit that. I understand I was detained for being a part of HIA. But HIA is at peace now. It has been at peace for many years. I do not understand why I am still here when all of the other HIA members have all been released.<\/em><\/p>\n\n\n\n