As they marched on Tuesday morning, they carried a banner with a single word: “Freedom.”
The protests are happening as the Taliban cement their military grip on the country as well, announcing on Monday that they had seized the capital of restive Panjshir Province.
Afghanistan also faces a worsening humanitarian crisis. Basic services like electricity are under threat, while the country has been buffeted by food and cash shortages.
Thousands of Afghans are still desperately trying to flee the country, even as the United States works to evacuate dozens of its citizens. At a news conference in Doha, Qatar, on Tuesday, Secretary of State Antony J. Blinken said U.S. officials were “working around the clock” to ensure that charter flights carrying Americans can depart Afghanistan safely.
One senior Western diplomat, speaking on condition of anonymity, said the fact that the Taliban took more than three weeks to announce even a transitional government, despite pressing need to reestablish services and economic functions, could be taken as a sign that “they weren’t really ready, and they didn’t have a plan.”
The appointed officials, who were all men, were also notable for including only a few non-Pashtuns, despite the country’s ethnic diversity and the Taliban’s promises of inclusive government.
At the news conference naming the new cabinet, the chief Taliban spokesman, Zabihullah Mujahid, who was named deputy information and culture minister, stressed the transitional nature of the government.
“This is an acting cabinet appointed to handle current affairs, and we are preparing the foundations of government and state-building,” he said. “In the near future, the role of the people’s participation and the shuras will be developed.”
Taliban officials said that a nationwide gathering of religious scholars and elders is still being planned in order to confirm Sheikh Haibatullah, a native of Kandahar Province and a widely respected religious scholar within the movement, as Afghanistan’s supreme leader.
Reporting was contributed by Wali Arian, Sami Sahak, Mujib Mashal, Adam Nossiter, Michael Crowleyand Farnaz Fassihi.
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When Belgium said in March that it would repatriate some women who had joined the Islamic State, along with their children, Jessie Van Eetvelde welcomed the decision with relief — even though she knows it will likely mean time in prison.
She and her two children have been living for at least two years in detention camps in Syria. Her dream, she says, is to have her children, whose father fought for the Islamic State, attend school in Belgium. For that, she is ready to pay the price of having joined the militant group in 2014, if Belgium will take her back.
“Maybe they realized that those who want to go back are sorry and want a second chance,” Ms. Van Eetvelde, 43, said recently in a WhatsApp voice message.
Many European countries have balked at allowing the return of people linked to ISIS, yet some, like Belgium and Finland, are now heeding the advice of security experts and rights groups who say that repatriations are the safest option.
lost its last territorial foothold in Syria, more than 200 women from 11 European countries and their 650 children are living in two Syrian camps, Al Hol and Roj, according to figures compiled by Thomas Renard, a researcher at the Egmont Institute, a Brussels-based think tank.
Although the Europeans represent a small fraction of the 60,000 people being held in the camps, who are mostly Iraqis and Syrians, European governments are facing increasing pressure to bring the adults back to face trial amid an argument that the countries’ inaction violates their commitment to human rights.
Security experts, rights groups and lawyers of those who went to ISIS territories acknowledge that European governments face legitimate security concerns, along with political dynamics in countries fearful of terrorist attacks. But a growing number of government and intelligence officials say that leaving European citizens in Syria comes with greater risks, including that they could join terrorist groups that target Europe.
Kazakhstan and Turkey have repatriated many of their own citizens to prosecute them and, in some cases, reintegrate them into society.
The Kurdish leadership in the region that oversees the camps has not prosecuted the women, whose roles under ISIS’s rule often remain unclear. And because the administration is not internationally recognized, any prosecutions would still not get them out of their legal limbo.
Most European countries say that they have no legal obligation to help their citizens in the camps and that adults who joined ISIS should be prosecuted in Iraq and Syria.
Save the Children.
Reprieve says that many women in the camps were trafficked, raped and forced into marriage and domestic servitude.
Yet in several European countries, repatriations remain out of the question, said a French intelligence official who requested anonymity to discuss the topic. Part of the hesitancy, security analysts say, is that repatriated women could receive light or no prison sentences.
Britain has stripped British citizenship from nearly 20 women who joined ISIS, in some cases taking them to court to prevent their return. France has turned down numerous calls for repatriation, even as some of the women staged a monthlong hunger strike. The Netherlands and Sweden said that they might take in children, but without their mothers.
France reels from years of terrorist attacks, the government has opposed calls to repatriate people who left to wage jihad.
Although France has taken in 35 children from the camps on a case-by-case basis, 100 women with French citizenship and their 200 children remain mostly in the Roj camp, according to Jean-Charles Brisard, the director of the Paris-based Center for the Analysis of Terrorism.
France was due to repatriate at least 160 of them in early 2019, according to intelligence documents brought to light by the newspaper Libération that spring and seen by The Times this year. But the situation in the camps became too volatile, the French intelligence official said, and the plan was abandoned.
asked the International Criminal Court to consider whether the country’s policy makes President Emmanuel Macron complicit in war crimes.
A French woman who went on hunger strike in the Roj camp said that there was no running water and that many people there had respiratory problems. (The Times is not publishing her name, because she says she has received death threats from ISIS supporters who oppose their return to France.) “It’s very difficult to see doctors and dentists — there are no medicines,” she said, adding that the Frenchwomen wanted to return “to be tried, to be jailed.”
Jussi Tanner, a diplomat from Finland who is in charge of his country’s repatriations, said the women and children’s return was not a matter of “if, but of when and how.”
“Repatriating them as quickly as we can is better from a security point of view rather than pretending that the problem goes away when we look away,” he said. “You can leave them there, but they will return anyway.”
Claire Moses, Christopher F. Schuetze and Jasmina Nielsen contributed reporting.
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The Biden administration has approved three detainees at Guantánamo Bay for release to countries that agree to impose security conditions on them, including the oldest of the remaining wartime prisoners, lawyers and United States government officials said on Monday.
The approvals raised to nine the number of the 40 detainees currently at the wartime prison who have been approved for transfer to other countries. But it is unclear where the three men will go, or when, in part because the State Department has to make diplomatic and security arrangements with countries to take them.
Some of the other detainees who have been cleared for release over the years have been waiting for a decade for another country to agree to take them. In some instances, countries are asked to continue to jail the detainees or put them on trial. In most cases, they are asked to prevent them from traveling outside the country for at least two years.
Among those who have been granted approval is Saifullah Paracha, 73, of Pakistan, who was captured in Thailand in 2003. In addition to being the oldest of the detainees, he has also been described as among the sickest there, with heart disease, diabetes and high blood pressure.
Abdul Rabbani, 54, also a citizen of Pakistan, and Uthman Abdul al-Rahim Uthman, 40, a Yemeni. None have been charged with a crime by the United States in the two decades they have been in custody.
Of the other remaining detainees, 12 have been charged with war crimes, one of them has been convicted, and 19 are considered too dangerous for transfer to the custody of another country.
Word that the men were approved for release initially came from their lawyers, who heard about it from prisoners in attorney-client telephone calls. Two government officials confirmed the three release decisions, but on the condition of anonymity because they were not authorized to discuss it.
The decision to approve the three releases, one official said, was made early last week by the attorney general, the director of national intelligence, the chairman of the Joint Chiefs of Staff and the secretaries of defense, homeland security and state. All of them have representatives who sit on the Periodic Review Board, the organization that assesses the threat posed by the detainees.
Khalid Shaikh Mohammed, and Mr. Mohammed’s nephew, Ammar al-Baluchi, with financial transactions in Pakistan after the attacks. Both men are accused of conspiring in the Sept. 11 attacks, a capital case.
returned to Pakistan last year in a deal with prosecutors to drop the case if he relinquished his status as a permanent resident of the United States.
Saifullah Paracha’s younger son, Mustafa Paracha, said in an interview last year that his father aspired to spend time with family upon his return to Pakistan, and a first concern would be to attend to his health care needs. Early in his detention, U.S. military doctors had airlifted a cardiac catheterization lab and surgical team to Guantánamo, but he refused to consent to the procedure out of concern about the quality of the medical care available to him there.
Typically, the Periodic Review Secretariat, which administers the board, publishes the justifications for making the release decisions on its website. The decisions usually include a recommendation for security assurance as well as the board’s recommendations for rehabilitation, repatriation or resettlement of the detainee who is approved for transfer. But it had not done so by Monday night.
WASHINGTON — A detainee at Guantánamo Bay has agreed to a deal intended to lead to his release in the next few years in return for giving up the right to question the C.I.A. in court about its torture program, United States government officials said.
The deal, negotiated by the Pentagon official who oversees the military commissions that serve as a court for some detainees, was reached in recent weeks, and comes as a number of those who have been charged at Guantánamo are seeking to cite their abuse at the hands of the C.I.A. as part of their defense.
Under the deal, the prisoner, Majid Khan, 41, who has pleaded guilty to serving as a courier for Al Qaeda, would complete his prison sentence as early as next year and no later than 2025 and then could be released to another country, assuming one will take him, according to people who have seen the terms or are familiar with its details.
In exchange, Mr. Khan will not use his sentencing proceedings to invoke a landmark war court decision that allowed him to call witnesses from the C.I.A.’s secret prison network to testify about his torture.
2014 Senate investigation. He was also sleep deprived, kept naked and hung by his wrists, and hooded, to the point of hallucinations.
Mr. Khan was transferred to Guantánamo Bay in 2006 and saw a lawyer for the first time in his fourth year of detention. In 2012, he pleaded guilty to terrorism-related charges stemming from his work for Al Qaeda after the Sept. 11 attacks, and agreed to postpone his sentencing while he cooperated with government prosecutors.
On April 16, he and his lawyers reached agreement with the overseer of military commissions for a sentence that would end sometime between early next year and March 1, 2025.
The agreement itself is under seal, at least until a judge questions Mr. Khan on whether he voluntarily entered into it. But several people, speaking on the condition of anonymity to describe details of the deal, said that it has a sentencing range of 11 to 14 years, applied starting with his guilty plea in 2012.
prosecutors failed to disclose certain evidence. Colonel Watkins retires from the Army on Aug. 1 and was replaced on the case Wednesday by an Air Force judge, Col. Mark W. Milam.
The agreement is the first involving a Guantánamo detainee that the Biden administration has reached since taking office. It was made by Jeffrey D. Wood, a National Guard colonel who was appointed by the Trump administration to the civilian role of convening authority for military commissions.
had actually seen Mr. Khan in C.I.A. detention.
The issue had been simmering but had not come to a head because travel restrictions during the coronavirus pandemic brought most military commission hearings to a standstill for the last year.
The question of whether Mr. Khan could receive a reduction in his sentence because of his torture was also a potential model for the defense in the capital conspiracy case against Khalid Shaikh Mohammed and four other men accused of plotting the Sept. 11 attacks. Defense lawyers for all five defendants say there is evidence that each was systematically tortured in the black sites, and they want a judge or jury to hear graphic details about it to avert a death sentence when the long-delayed case eventually proceeds.
Two contract psychologists who devised the C.I.A.’s interrogation program, James Mitchell and John Bruce Jessen, have been publicly identified. But the identities of the people who interrogated Mr. Khan, and in which countries where they did it, are still classified at the court, which operates under rules that the government says are intended to balance state secrets and fair trial rights.
Prosecutors argued that anonymous, in-person testimony about Mr. Khan’s treatment, whether in a classified session or in public, risked exposing covert U.S. government employees, and said it was not possible to take them to Guantánamo Bay. That left the possibility of the judge ordering their appearances, prosecutors refusing to bring them and as a remedy, the judge reducing Mr. Khan’s sentence.
filing on April 22, Mr. Khan’s lawyers will also ask the judge after sentencing to void the June 2020 ruling that found credit for pretrial punishment is an available remedy at a military commission — undercutting its potential use in the Sept. 11 case.
Mr. Khan has been kept apart from the other former C.I.A. prisoners at Guantánamo since he pleaded guilty. At that time, he became a government informant, and has been debriefed on demand although prosecutors have yet to hold a trial where his testimony would be needed.
In pleading guilty he admitted to delivering $50,000 from Mr. Mohammed to militants in Indonesia that was used to finance the bombing of a Marriott hotel in Jakarta, Indonesia, in 2003, killing 11 people. Three men at Guantánamo have been charged in that plot, but have yet to be arraigned and have no trial date.
During the Trump administration, Mr. Khan was also listed as a government witness in a planned federal prosecution of another Pakistani man, Uzair Paracha. Mr. Paracha was convicted in 2005 in New York of federal terrorism-related offenses, but the conviction was overturned. Rather than retry him last year, federal prosecutors dropped the case in exchange for Mr. Paracha voluntarily giving up his U.S. residency and returning to Pakistan, after 17 years of incarceration.
For Mr. Khan, the path out of Guantánamo may be more complex. Successive U.S. administrations have argued that a convicted war criminal who completes his sentence may still be held at Guantánamo in the quasi-prisoner of war status of a detainee, as long as the United States considers itself to be at war with Al Qaeda and other terrorist groups.
Also, it is unclear where Mr. Khan would go. He was born in Saudi Arabia, lived as a child in Pakistan but went to high school in suburban Baltimore and had asylum in the United States before he returned to Pakistan after the Sept. 11 attacks. By law, he cannot be sent to the United States.
WASHINGTON — A Justice Department lawyer said in federal court on Monday that, even as the Pentagon is withdrawing all troops from Afghanistan, the United States has the authority to continue to detain a former Afghan militia member at Guantánamo Bay, Cuba, because of his past association with members of Al Qaeda.
“We remain at war with Al Qaeda,” the lawyer, Stephen M. Elliott, said at the start of hearing in U.S. District Court in Washington in a case brought by Asadullah Haroon Gul, an Afghan citizen who has been held by the U.S. military since 2007.
The hearing was the first in a Guantánamo habeas corpus case since the Biden administration took office, and its defense of his detention appeared identical to the positions taken by previous administrations, despite President Biden’s order to withdraw all U.S. combat troops from Afghanistan and his stated ambition to close the Guantánamo detention operation.
Mr. Elliott said Al Qaeda is “morphing and evolving” and that the U.S. “war on terrorism” continues.
when the militia made peace with the U.S.-allied Afghan government of President Ashraf Ghani. The foreign ministry of Afghanistan has filed a brief in the case seeking his return.
Most of the hearing, expected to last five to eight days, is closed to both the public and the detainee because the substance is considered classified. Mr. Haroon was permitted to listen in on the opening arguments via a phone line from Guantánamo that broke at least once, requiring a lengthy recess.
Before holding a session in open court on Monday, Judge Amit P. Mehta left his bench in Washington, D.C., to preside in a closed portion of the hearing at a secure facility in Virginia, with Mr. Haroon addressing the judge by video.
“I am not a terrorist,” he said in a statement released by his lawyers. “I am an Afghan.”
In the closed portion of the hearings, government lawyers intend to use U.S. intelligence accounts of Mr. Haroon’s interrogations to defend his continuing detention. Mr. Elliott said U.S. intelligence reports linked him to three Qaeda leaders now held at Guantánamo, starting with his attendance at a young age, apparently in the early 1990s, at seminars sponsored by Khalid Shaikh Mohammed, who is accused of being the mastermind of the attacks of Sept. 11, 2001.
Judge Mehta, an appointee of President Barack Obama. Under the current timetable, the court could reopen the hearing for unclassified closing arguments on May 28.